Ravikumar Manik Tengre vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 22715 Bom

Bombay High Court

Ravikumar Manik Tengre vs The State Of Maharashtra Through Its ... on 5 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                                           8196.24wp
                                 (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            52 WRIT PETITION NO. 8196 OF 2024

               RAVIKUMAR MANIK TENGRE
                           VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS
                SECRETARY AND OTHERS
                                ....
Ms Priyanka R. Deshpande, Advocate for Petitioner
Mr M. M. Nerlikar, A.G.P. for Respondent Nos.1 & 2

                          CORAM : RAVINDRA V. GHUGE
                                          AND
                                  Y. G. KHOBRAGADE, JJ.

DATE : 5th August, 2024 PER COURT:

1. By the judgment of this Court dated 01/03/2017,

delivered in Writ Petition No.2011/2016, the Petitioner's

appointment was set aside. By an order dated 24/03/2017, passed

in Review Application No.83/2017, this Court modified the earlier

judgment and directed that the Petitioner should be transferred to

the earlier post as 'Junior Assistant (Clerical)', with continuity in

service. The Petitioner had carried both these orders to the

Hon'ble Supreme Court in Special Leave Petition (Civ.)

No.22276-22278 of 2017 and by an order dated 01/10/2018,

Special Leave Petitions were disposed off and it was left open to 8196.24wp

the Petitioner to approach the Zilla Parishad for pointing out a

vacancy available, so as to be considered on that vacancy.

2. Today, in this Writ Petition before us, the prayer of the

Petitioner is that, Respondent No.4 (Rupesh Pandurangji Surjuse),

(who had earlier challenged the appointment of the Petitioner),

should be terminated by a Writ of Mandamus and the Petitioner

should be granted an appointment in his place, with a direction to

the Zilla Parishad to appoint him on the post of a 'Junior Accounts

Officer' in the Zilla Parishad, Dharashiv.

3. Keeping open the issue of maintainability of this

Writ Petition and the locus of the Petitioner, issue notice to the

Respondents, returnable on 09/09/2024. The learned A.G.P.

waives service of notice on behalf of Respondent Nos.1 and 2.

4. All office objections shall be removed on or before

27/08/2024, failing which, this Writ Petition shall stand dismissed

without further reference to the Court, on 28/08/2024.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk