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Bombay High Court

Vilas Agaji Pawar And Others vs Union Of India And Others on 18 February, 2020

Author: Shrikant D. Kulkarni

Bench: S. V. Gangapurwala, Shrikant D. Kulkarni

                                           1                   117-WP14281-19.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                         WRIT PETITION NO. 14281 OF 2019

 Vilas Agaji Pawar and others                                               .. Petitioners
          Versus
 Union of India and others                                                  .. Respondents

 Mr. Vikrant P. Raje and N. F. Pawar and P. H. Kapadia, Advocates for the
 Petitioners.
 Mr. S. B. Deshpande, A.S.G. for Respondent No. 1.
 Mr. Sunil V. Warad, Advocate for Respondent No. 4.

                                  CORAM :        S. V. GANGAPURWALA &
                                                 SHRIKANT D. KULKARNI, JJ.
                                   DATED :       18th FEBRUARY, 2020.
 PER COURT:-

 .        The learned counsel for the petitioners relies on the judgment of

the Division Bench of this Court at Nagpur in Writ Petition No. 8275 of 2018 decided on 08.07.2019. The Division Bench of this Court at Nagpur has pass the following order.

i. The writ petition is partly allowed.

ii. We direct to the respondent bank to fulfill its obligation under the Memorandum of Settlement dated 9 th August, 2012 imposing a duty to initiate the recruitment process only as one time measure for selecting, from amongst casual and temporary workers, "Safai Karmachari cum Sub Staff" on full time basis within a period of six months from the date of the receipt of order.

1 of 2 ::: Uploaded on - 21/02/2020 ::: Downloaded on - 10/06/2020 13:58:30 ::: 2 117-WP14281-19.odt iii. By issuing such directions, we have not taken away discretion of the bank to determine the availability of the vacancies and to adopt a particular procedure for making recruitments or select or reject candidates on the basis of performance and on merit and other similar factors.

iv. Rule is made absolute in these terms. No order as to costs.

2. The respondents rely on the order passed by the Division Bench at Principal Seat at Bombay in Writ Petition No. 7559 of 2014 dated 20.03.2015 to contend that the action of the respondent bank in disbanding the recruitment process need not be interfered with. According to the respondents, the said judgment is confirmed by the Apex Court in the Special Leave Petition.

3. Mr. Warad, learned counsel for respondent No. 4 submits that the respondent No. 4 has filed application for review of the order dated 08.07.2019 before the Nagpur Bench.

4. The respondents shall give the status of the review application and the steps taken for the disposal of the review application by the next date.

5. Stand over to 17.03.2020.




 ( SHRIKANT D. KULKARNI )                              ( S. V. GANGAPURWALA )
        JUDGE                                                    JUDGE
 P.S.B.


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