Advocates:
['S V ADWANT', 'COPY SERVED ON GP', '', 'GP', 'P R TANDALE', 'A B SHINDE', 'P R TANDALE']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1174/2009

Mrs.Vimal w/o Govindrao Waghmare

.. PETITIONER

VERSUS

The State of Maharashtra

and others

.. RESPONDENTS

....

Shri S.V.Adwant,Adv.for petitioner.

Shri K.J.Ghute Patil,AGP for R.1

Shri P.R.Tandale,Adv.for R. 2 & 3

Shri A.D.Shinde,Adv.for R.4.

....

CORAM : P.V.HARDAS &

R.K.DESHPANDE,JJ.

DATE :

03/07/2009

ORAL ORDER :

This is a petition filed by the petitioner seeking twin reliefs i.e.

(1) challenge to the termination of the petitioner and (2) appointment of

respondent no.4 as Anganwadi worker consequent upon the

termination of the services of the petitioner.

2.

The petitioner came to be appointed as Anganwadi worker on

29/11/2008 and submitted her joining report on 1/12/2008. It appears

2

that on account of some complaint, the services of the petitioner came

to be terminated by order dated 31/12/2008. The nature of the

appointment of the petitioner was temporary and honorarium was paid

to the petitioner. We need not dilate on the factual aspects of the case.

It has been brought to our notice on behalf of respondents that the

petitioner has an alternate efficacious remedy of approaching the

Commissioner, under Section 267 A of the Maharashtra Zilla Parishad

and Panchayat Samities Act, 1961 and similar orders have been

passed in Writ Petition No.7484/07 Chaya Jogdand V/s Child

Development Project Officer. In the light of availability of the alternate

remedy, we are not inclined to interfere in this petition and

consequently we dismiss the petition on the ground of availability of

alternate remedy to the petitioner. The petitioner may if so advised,

avail alternate remedy available under the statute. In the event the

question of delay arises for consideration, the authorities shall take into

consideration the period of pendency of this petition from 19/1/2009 till

today. No costs.

[R.K.DESHPANDE]

[P.V.HARDAS]

JUDGE

JUDGE

umg/wp1174-09