Bombay High Court
Amit S/O Raosaheb Patil vs State Of Maha. Environment Dept., ... on 24 February, 2020
Author: V.M. Deshpande
Bench: V.M. Deshpande, S.M. Modak
1 wp 3638.17 judg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.3638/2017
Amit Raosaheb Patil,
Age 36 years, Occ. Service, R/o.-At present Plot No.176,
C/o-Shree Dhok, Giripeth, Nagpur, Permanent
R/o House No.14, Shelhar Road, Sahajivan Society, Udgir,
Tq. Udgir, District Latur. .... Petitioner.
Versus
1] State of Maharashtra,
Environment Department (Prevention of Water and Air Pollution,
Mantralaya, Mumbai- 440 032, through its Secretary,
2] Maharashtra Pollution Control Board, Kalpataru Point,
2nd Floor, Sion, Matunga Scheme Road No.8, Opposite
SION Circle, Sion East, Mumbai-400022 through its Member Secretary.
3] Regional Officer, Maharashtra Pollution Control Board,
5th Floor, Udyog Bhawan, Civil Lines, Nagpur. .... Respondents.
--------------------------------------------------------------
Shri P.S. Wathore, Advocate for petitioner.
Shri S.S. Sanyal, Advocate for respondent nos.2 and 3.
Shri N.S. Rao, AGP for respondent no.1.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------
CORAM : V.M. DESHPANDE AND
S.M. MODAK, JJ.
DATE : 24-02-2020.
ORAL JUDGMENT (Per V.M. Deshpande, J.)
Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. The Writ Petition can be disposed of at this stage only looking to the submissions made before this Court.
2. By the present petition, the petitioner is seeking direction that he be absorbed by the respondent nos. 2 and 3 on the post of Field Inspector.
::: Uploaded on - 26/02/2020 ::: Downloaded on - 27/02/2020 12:18:33 :::2 wp 3638.17 judg
3. The petitioner is diploma holder in Chemical Engineering. Along with other 22 persons, the petitioner was appointed on the establishment of respondent nos. 2 and 3 as Converted Temporary Establishment Employee on contractual employment. As per his appointment order dated 28-10-2016, he stands appointed as Laboratory Assistant having pay scale PB-1 5200-20200. Accordingly, on 16-11-2016, the petitioner joined the said post and as on today without there being break, the petitioner is working on the said post by giving his undertaking on the same date i.e.16-11-2016.
4. Though the petitioner is praying, that he be absorbed in the post of Field Inspector, as per the submissions of the learned Counsel Shri S.S. Sanyal for the respondent nos.2 and 3, no such post exists with the respondent nos. 2 and 3. He submits that, if in future, such post i.e. Field Inspector is created then the claim of the petitioner will be considered on its own merits. The learned Counsel for the petitioner Shri P S Wathore is satisfied with this submission. With this, we dispose of the petition by passing following order :
ORDER
(a) The Writ Petition is disposed of by accepting the statement made by the learned Counsel for the respondent nos. 2 and 3 that in future if the post of Field Inspector is created then in that event the claim of the petitioner will be considered on its own merits till that time the petitioner's services as Laboratory Assistant shall not be disturbed.
5. The petition is disposed of. No costs.
(S.M. Modak, J.) (V.M. Deshpande, J.)
Deshmukh
::: Uploaded on - 26/02/2020 ::: Downloaded on - 27/02/2020 12:18:33 :::