Mohd. Ilyas Ahmed S/O Abdul Kabeer vs The Municipal Council, Chandur ...
2017 Latest Caselaw 1029 Bom

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

                        WRIT PETITION NO.3607/2011

      Mohd. Ilyas Ahmed s/o Abdul Kabeer,
      aged about 38 years, Occ. Nil, r/o Sirajgaon
      (Band), Tq. Chandur Bazar, Dist. Amravati         ...APPELLANT
                       ...V E R S U S...

 1. The Municipal Council, Chandur Bazar,
    through its Chief Officer, Chandur Bazar,
    Dist. Amravati.

 2. The Nagar Parishad Urdu Junior College
    Arts and Science, Chandur Bazar, thr.
    Its Principal, Chandur Bazar, Tq. Chandur
    Bazar, Dist. Amravati.

 3. The Deputy Director of Education,
    Amravati Division, Amravati.

 4. The Collector, Amravati District,
      District Collectorate, Camp, Amravati,
      Dist. Amravati.                                                ...RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri R. J. Mirza, Advocate for petitioner.
 Smt. Saboo, Advocate for respondent nos. 1 and 2.
 Shri D. P. Thakare, Addl. G. P. for respondent nos. 3 & 4
 -------------------------------------------------------------------------------------------
                                CORAM:-  SMT. VASANTI A. NAIK AND
                                              V. M. DESHPANDE, JJ.

DATED :- MARCH 22, 2017

ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.)

By this writ petition, the petitioner seeks a direction

against the respondent-Municipal Council, to continue the

petitioner in the post of Lecturer on ad hoc basis till the regular

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appointment is made. The petitioner has also sought a direction

against the respondents to consider the claim of the petitioner at

the time of regular appointment by condoning the criteria in

regard to the age as the petitioner has crossed the age limit for

appointment.

Shri R. J. Mirza, the learned counsel for the petitioner,

states that the petitioner would not press the second prayer with

regard to the relaxation of age in this writ petition and would

press the prayer at the subsequent stage, if an occasion arises. It is

stated that the grievance of the petitioner would stand redressed if

the relief sought by the petitioner by the first prayer is considered

and granted. We permit the petitioner to delete prayer clause (b)

in view of the said request. The amendment may be carried out

forthwith.

It is stated on behalf of the petitioner in respect of the

prayer that though the petitioner was appointed on ad hoc basis as

a Lecturer in the year 2003 and is continued from time to time, the

respondent-Municipal Council may take steps to terminate the

services of the petitioner and appoint some other ad hoc employee

in his place. It is stated that in view of the law laid down by the

Hon'ble Supreme Court in the case of State Of Haryana & Ors.

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..vs.. Piara Singh & Ors. reported in (1992) 4 SCC 118 , it would

be necessary for the respondent- Municipal Council to continue the

petitioner on ad hoc basis till the regularly selected candidate is

appointed on the post of Lecturer in the Municipal Council.

The learned Addl. Governmen Pleader and the learned

counsel for the respondent-Municipal Council do not dispute that

the petitioner was appointed on ad hoc basis as a Lecturer from

time to time and is continued in service. It is stated that an

appropriate order may be passed in the circumstances of the case.

Since the relief sought by the petitioner in this writ

petition is limited and the prayer is reasonable, we dispose of the

writ petition with a direction against the Municipal Council to

continue the petitioner as a Lecturer on ad hoc basis till a regularly

selected candidate is appointed in the post held by the petitioner.

Rule is made absolute in the aforesaid terms with no

order as to costs.

(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)

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