Dr. Arvind Narayanrao Dhavad ... vs The State Of Mah. & 2 Others
2017 Latest Caselaw 5210 Bom

                                                   1               wp732.02.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR


                           WRIT PETITION NO. 732 OF 2002


            Dr. Arvind Narayanrao Dhavad,
            aged about 65 years, Occ. Medical Officer,
            Primary Health Unit, Kondhali,
            Tq. Katol, Distt. Nagpur ......                                  PETITIONER

                                 ...VERSUS...

 1.         The State of Maharashtra,
            through its Secretary, Rural
            Development Department,
            Mantralaya, Mumbai

 2.         Zilla Parishad, Nagpur,
            through its Chief Executive Officer,
            Zilla Parishad, Nagpur.

 3.      Dr. V.P.Bhope,
         R/o. Jail Road, Samadhi Ward,
         Chandrapur......                                            RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri S.S.Sanyal, counsel for Petitioner.
 Shri V.P.Maldhure, counsel for Respondent no. 1
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 28 JULY, 2017 .

ORAL JUDGMENT (P.C.)

1] The petitioner is claiming the promotion to

Class-III post under the Maharashtra Medical and Health

Services with effect from 05.08.1982 when the respondent

2 wp732.02.odt

was granted promotion to the said post. The petitioner was

working as Junior Medical Officer in District Technical

Services, Class-III, Grade-III with effect from 02.09.2010 in

the scale of Rs.150-340 then prevailing. On 21.12.1973 he

was confirmed in that service under the Zilla Parishad with

effect from 01.10.1973. The petitioner thus became an

employee of the Zilla Parishad.

2] The respondent No.3 was appointed by

nomination to the Class III post under the Maharashtra

Medical and Health Services which is all together different

service. In the absence of any such Rules of recruitment

either by way of nomination or by way of promotion to

Class-III post under the Maharashtra Medical Health

Services, it is not possible for us to judge the challenge of the

petitioner in this petition. We are unable to understand the

criteria for appointment either by nomination or by promotion

to the said post. The writ petition is dismissed on this

ground.

                                JUDGE                             JUDGE

 Rvjalit