Case Note & Summary
The petitioner, Mahavir s/o. Marotrao Bhumkar, filed a writ petition before the Bombay High Court, Bench at Aurangabad, seeking a writ of mandamus directing the respondent No.3, the Chief Executive Officer of Zilla Parishad, Nanded, to issue an appointment order in his favor on the post of Class-III/Class-IV employee in Zilla Parishad, Nanded with effect from May 2008, along with all consequential benefits including salary, seniority, and backwages. The petitioner also sought directions to take legal action against erring officers for not giving him appointment and to decide his representations dated 07.01.2013 and 25.09.2013. The facts leading to the petition were stated in the memo of the petition. The court heard the parties and considered the submissions. The court noted that the petitioner's claim for appointment was based on an alleged vacancy that existed in May 2008. However, the court found that no vacancy existed at the relevant time. Additionally, the petitioner had earlier challenged the selection process, which challenge was dismissed. The court held that the petitioner was not entitled to the relief sought. The court dismissed the writ petition, making the rule discharged. The judgment was delivered by a division bench comprising S.S. Shinde and P.R. Bora, JJ., with the opinion authored by S.S. Shinde, J. The judgment was reserved on 05.05.2015 and pronounced on 08.05.2015.
Headnote
A) Service Law - Appointment - Writ of Mandamus - Petitioner sought appointment as Class-III/IV employee in Zilla Parishad, Nanded w.e.f. May 2008 - Court held that no vacancy existed at the relevant time and the petitioner's earlier challenge to the selection process was dismissed - Held that the petitioner is not entitled to the relief sought (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondent No.3 to issue appointment order on the post of Class-III/Class-IV employee in Zilla Parishad, Nanded w.e.f. May 2008 with consequential benefits.
Final Decision
The writ petition is dismissed. Rule is discharged.
Law Points
- Writ of mandamus
- Appointment
- Vacancy
- Selection process
- Delay and laches
- Alternative remedy
