Ku Shoba Sadashiv Ghayawat.Akola vs State Of Mah & Another
2017 Latest Caselaw 611 Bom

  sa17.04.J.odt                                                                                                      1/3



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

                             SECOND APPEAL NO.17 OF 2004

            Ku. Shobha d/o Sadashiv Ghayawat,
            Aged adult, Occ: Service,
            R/o Shivni, 
            Tq. & Dist. Akola.                ....... APPELLANT

                                             ...V E R S U S...

 1]         State of Maharashtra through the
            Child Development Project Officer,
            Akola, Tq. & Dist. Akola.

 2]         Chief Executive Officer,
            Zilla Parishad, Akola,
            Tq. & Dist. Akola.

 3]       Suvarna Bhaurao Wankhede
          30 years, Occ: Service,
          R/o Shivni, Tq. & Dist. Akola.                     ....... RESPONDENTS
 -------------------------------------------------------------------------------------------
          Smt. S.W. Deshpande, Advocate for Appellant.
          Smt. H.N. Prabhu, A.G.P. for Respondent No.1.
 -------------------------------------------------------------------------------------------


                       CORAM:  R.K. DESHPANDE, J. 

                                     th       MARCH, 2017.
                       DATE:      8


 ORAL JUDGMENT



 1]                    The Trial Court partly decreed the suit as under: 



                        1]         Suit is partly decreed.





   sa17.04.J.odt                                                                                                      2/3

                        2]         Defendants   are   directed   to   consider   the

application of plaintiff for post of Anganwadi Sevika at Ananganwadi Centre No. 5, Shivni, in the light of the Government Resolution dated 31-08-1995 and 13-10-1997.

3] Claim of plaintiff in respect of directions to defendants not to issue appointment letter to other candidates for post of Sevika at Anganwadi, village Shivani is dismissed.

4] Under the circumstances, parties to bear their own costs.

5] Decree be drawn up accordingly.

2] It is informed that the claim of the plaintiff was

accordingly considered and she was taken in the employment as

Anganwadi Sevika. Probably she has worked on the post and

attained the age of superannuation. The learned counsel for the

appellant is unable to contact the appellant for want of correct

address.

3] In view of the aforesaid position, the second appeal is

disposed of by observing that if the appellant has received the

salary for working on the post, the same shall not be recovered,

sa17.04.J.odt 3/3

and it shall be open for the appellant to claim post retiral benefits,

if it is permissible in law. The second appeal is disposed of.

JUDGE

NSN