The court dismissed a writ petition challenging an order denying regularisation as a Balwadi teacher. Disposition was made on grounds of inordinate delay (laches) and the closure of the petitioner's workplace prior to the regularisation period.
The writ petition is dismissed with no order as to costs.
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wp5343-11.order
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
Writ Petition No. 5343 of 2011
Ku. Lalita Gangadhar Dabhane -vs- Municipal Council Achalpur and others.
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr. S.M. Ukey, learned counsel for petitioner. Mr. A.B. Patil, learned counsel for respondent no.1. Ms. K. Deshpande, learned AGP for R-2 to 4
CORAM : SMT. VASANTI A. NAIK, & SUNIL P. DESHMUKH , JJ.
DATE : 12th September, 2012.
By this petition, the petitioner challenges the order passed by the Commissioner, Amravati Division, Amravati on 27.6.2005 holding that the petitioner cannot be regularised as a Balwadi teacher. Though the impugned order is passed by the Commissioner, Amravati Division, Amravati on 27.6.2005, the petitioner did not challenge the same till the present petition was filed on 12.9.2011. There is an inordinate delay in filing the petition and the same has not been explained. Since the petition suffers from laches, the same is liable to be dismissed on the short ground. Even on merits, we find that the Balwadi where the petitioner was temporarily working on honorarium was closed down in the year 2001-02 and the petitioner's services could not have been regularised as a Balwadi teacher.
Since the petition is devoid of merits and suffers from laches, the same is dismissed with no order as to costs.
JUDGE JUDGE
Hirekhan
2 issues framed by the court
Whether the petition suffers from inordinate delay (laches) justifying non-admission on merits.
Whether the petitioner was eligible for regularisation as a Balwadi teacher given the closure of services in 2001-02.
Ku. Lalita Gangadhar Dabhane
Municipal Council Achalpur
Vasanti A. Naik
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
