This short order dismisses a writ petition where petitioners sought absorption in service and salary payment. The High Court held no statutory or policy right existed and they had not joined the Authority.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2583 OF 2014
Datta Balkrishna Dhote and another
-vs-
The Programs Manager, Maharashtra State Child Protection Society 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.B.Dhande, counsel for the petitioners.
CORAM : SMT. VASANTI A. NAIK & P. R. BORA, JJ. DATE : 26.08.2014.
By this petition, the petitioners seek a direction to the respondent Nos.1 to 4 to absorb the petitioners in service in State Adoption Resource Authority or District Child Protection Scheme and direct the respondents to pay the salary of the petitioners since 01/04/2012.
The petitioners were working in the Adoption Coordinating Agency in pursuance of the policy of the Central Government. The Adoption Coordinating Agency was taken over by the State Adoption Resource Authority. The petitioners seek their absorption in service in the State Adoption Resource Authority. The petitioners have not pointed out any provisions in any Act, Rules or Regulations which give a right to the petitioners to seek the absorption. Also, the petitioners are not in a position to point out from the policy of the Central Government that the persons employed in the Adoption Coordinating Agency are entitled to seek the absorption in an agency which takes over the
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Adoption Coordinating Agency. In the absence of any right in the petitioners to seek the absorption, a writ of mandamus cannot be issued to the respondent Nos.1 to 4 to absorb the petitioners in service in the State Adoption Resource Authority. Also, the petitioners have not joined the State Adoption Resource Authority in which the petitioners are seeking their absorption.
In view of the aforesaid, the writ petition fails and is dismissed with no order as to costs.
JUDGE JUDGE
KHUNTE
2 issues framed by the court
Whether a direction to absorb petitioners in service can be issued under writ of mandamus without statutory or policy rights.
Whether petitioners were entitled to absorption in State Adoption Resource Authority upon takeover of Adoption Coordinating Agency.
Datta Balkrishna Dhote and another
The Programs Manager, Maharashtra State Child Protection Society
Vasanti A. Naik
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
