FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6579 OF 2010 “Asha Keshavrao Ambildhage Vs. Child Development Officer, Zilla Parishad, Aurangabad and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.T. Veer, Advocate for the petitioner Mr. S.S. Thombare, Advocate for respondent No.3 Mr. G.R. Ingole Patil, AGP for respondent No.4 CORAM :- D.B. BHOSALE & A.V. NIRGUDE, JJ. DATE :- 10th March, 2011. PER COURT :- 1] Heard learned counsel for the parties. 2] Learned counsel for the petitioner does not press this writ petition on merits and submits that the petitioner would be satisfied if the orders dated 2/7/200 and 7/7/2010 ( Exhibits B and C to the petition), passed by the Divisional Commissioner, Aurangabad, are set aside and directions are issued to the Divisional Commissioner, to decide petitioner's application dated 6/8/2009, afresh. He submits that these orders ( dated 2/7/2009 and 7/7/2010) were passed by the Divisional Commissioner, without giving an opportunity of being heard to the petitioner. The petitioner, by way of the application dated 6.8.2009, has challenged the entire selection process conducted by respondent No.1, for the post of Anganwadi Sevika, at village Karhol. She has FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6579 OF 2010 “Asha Keshavrao Ambildhage Vs. Child Development Officer, Zilla Parishad, Aurangabad and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 also challenged the appointment of respondent No.3 on the said post. 3] There is no dispute that the aforesaid orders dated 2/7/2010 and 7/7/2010 are passed without giving an opportunity of being heard to the petitioner. In the circumstances, we are satisfied that the following order shall meet the ends of justice. O R D E R (i) “The orders dated 2/7/2010 and 7/7/2010( Exhibits B and C) are set aside and the application filed by the petitioner under Section 267-A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, dated 6th August, 2009 is restored to file. (ii) The Divisional Commissioner shall decide the said application, afresh, after giving an opportunity of being heard to the petitioner, so also, to respondent No.3 and other concerned, if any, as expeditiously as possible and preferably within a period of 3 months from the date of receipt of this order, on merits in accordance with law. . FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6579 OF 2010 “Asha Keshavrao Ambildhage Vs. Child Development Officer, Zilla Parishad, Aurangabad and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 4] It is clear from the order dated 28th September, 2010 passed by this court that respondent No.3 was appointed vide order dated 4.8.2009 and ex-parte stay order was granted by this court on 26.7.2010. In view thereof, the learned single Judge, in the order dated 28.9.2010, has observed thus :- “It is pointed out by respondent that by virtue of ad-interim ex-parte order granted by this court on 26.7.2010, stay is granted to order dated 4.8.2009. It is pointed out that as a result of interim order, concerned employees are restrained by employer from continuing in employment, in fact, the order of appointment on the basis of selection was already given effect and subsequent order of stay cannot be interpreted to mean that respondent employees be taken out of employment. The argument prima facie appears to be acceptable. However,contentions raised by respondent need to be considered by appropriate bench dealing with the matter.” In view of the order dated 28th September, 2010, passed by the learned Single Judge in the present writ petition in respect of ad-interim ex-parte order dated 26/7/2010, respondent No.3, who, according to learned counsel for respondent No.3, is holding charge of the post of Anganwadi Sevika and is working as of today, is allowed to continue to work till disposal of the application filed by the petitioner under Section 267-A. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6579 OF 2010 “Asha Keshavrao Ambildhage Vs. Child Development Officer, Zilla Parishad, Aurangabad and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 However, it is made clear that respondent No.3 is allowed to continue to hold the charge of Anganwadi Sevika subject to result of the application filed by the petitioner on 6.8.2009. While passing this order, we shall not be understood to have expressed any opinion on the merits of the case. 5] With these observations, writ petition is disposed of. [A.V. NIRGUDE, J.] [D.B. BHOSALE, J.] grt/-