WP 1426/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1426/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Miss.Surekha P. Mahajan, Advocate for petitioner. Shri N.B. Khandare, GP for respondent no.1. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 28.03.2011 Heard learned counsel for the respective parties. Shri N.B. Khandare, learned Govt. Pleader, at the outset, invited our attention to Sections 15 and 28 of the Administrative Tribunals Act, 1985, to submit that the present writ petition is not maintainable since the petitioner has an alternative remedy to approach Maharashtra Administrative Tribunal. Having confronted with this, learned counsel for the petitioner prays for WP 1426/11 2 withdrawal of this writ petition with liberty to the petitioner to file appropriate proceedings before the MAT. She further submits that for a period of two weeks, the MPSC and/or the employer be directed not to fill in one vacant post of Drug Inspector, General State Services, Group-B. Shri N.B. Khandare, learned Govt. Pleader is not in a position to state whether all the posts are filled in already. In view thereof, we pass the following order. The petition is disposed of as withdrawn with liberty as prayed for. In the meanwhile, we observe that the MPSC/ employer will not fill in one vacant post of Drug Inspector, General State Services Group-B from NTD category, if not already filled in, for a period of two weeks from today to enable the petitioner to apply for appropriate interim relief before the Tribunal. It is made clear that while issuing such direction, we have not examined merits of the case and the Tribunal shall deal with the WP 1426/11 3 Original Application as well as the prayer for interim relief on merits in accordance with law and un-influenced by this order. It is also made clear that this order shall not be extended beyond the period of two weeks by this Court under any circumstances. With these observations, the petition is disposed of. Office to provide authenticated copy of this order on demand to the learned counsel for the parties. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 28.03.2011 ndk/c283118