Yogesh Prakash Bhagat vs Union Of India And 2 Ors
2023 Latest Caselaw 3789 Bom

                                                        68.2894.21-wp.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION NO. 2894 OF 2021

Mayuresh Mangesh Bhatkar                                 ..... Petitioner

         Vs.

Union of India & Ors.                                    ..... Respondents

                                     WITH
                         WRIT PETITION NO. 2862 OF 2021
                                     WITH
                         WRIT PETITION NO. 2909 OF 2021


Ms. Jane Cox with Rahil Fazelbhoy I/b. Ms. Karishma Rao for the
Petitioners
Mr. Neel Helekar, Senior Panel Counsel with Mr. A. A. Garge, Senior
Panel Counsel for Respondent No.1.
Mr. Anand Pai with Mr. Rahul Sanghvi I/b. M/s. Sanjay Udeshi & Co.
for Respondent Nos.2 and 3.


                                      CORAM:    S.V.GANGAPURWALA, ACJ &
                                                SANDEEP V. MARNE, J.

DATED : APRIL 17, 2023

P.C.

1. We have heard the learned Counsel for the Petitioners. The

Petitioners assail the judgment of the Tribunal. It is submitted that

there are 15 sanctioned posts and 62 were on contract basis.

2. The contention of the learned Counsel for the Petitioners is

that the Petitioners were not appointed as against the project. The

distinction is sought to be made in advertisement of 2005 and 2007.

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                                               68.2894.21-wp.docx

The advertisement of 2005 according to the learned Counsel for the

Petitioners was on a Project. Under the advertisement of the year

2007 the appointment orders are issued to the Petitioners and the

Petitioners were to be governed by the by-laws.

3. We do not find on record the segregation of 62 candidates

appointed on contractual basis. Whether all 62 candidates were

appointed on a Project or otherwise is also not clear.

4. The learned Counsel for Respondent No.3 seeks time to file

additional affidavit. The Respondents may also place on record the

number of sanctioned posts.

5. Place the matter on 20th June 2023.

(SANDEEP V. MARNE, J)                    (ACTING CHIEF JUSTICE)




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