1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 378/2008 ( Mrs. Neeta Jagannath Sapkale -versus- State of Maharashtra and othes) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ DATED : JULY 22, 2009 Heard Shri V.A. Kothale, learned Counsel for petitioner, Smt. Bodade, learned A.G.P. for respondent nos. 1 and 2, and Shri L.H. Kothari, learned Counsel for respondent no.3. Contention of petitioner is that she was given employment because of recommendation of Employment Exchange in the year 1982 as mid-wife. He states that, recommendation was for the post of Auxiliary Nurse Mid Wife and since the petitioner is working continuously. The impugned order shows that no such post was sanctioned on the establishment of Municipal Council. There is some correspondence on record which shows that at the time of transfer of establishment of Rural Hospital, Chandur Railway to Municipal Hospital, Chandur Railway, the services of petitioner are referred to. Petitioner has also produced certificate dated 03.02.2002, issued by the Chief Officer, Municipal Council. 2 As pointed out by the learned A.G.P. those certificates are not sufficient to show that a sanctioned post existed in the year 1982. Thus a disputed question arise for determination. In view of this, Shri Kothale, the learned Counsel states that keeping all the issues open, petitioner should be permitted to approach the Industrial Court for ventilation of her grievances. The respondent no.3 Municipal Council has no objection if such liberty is granted. In the circumstances, Writ Petition is allowed to be withdrawn and is disposed of as such, keeping all the issues and contentions open with leave to the petitioner to approach the Industrial Court for redressal of her grievance. No cost. JUDGE JUDGE Rgd.