Bombay High Court

SINDHUBAI VILAS ADSULversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition for reinstatement cannot be entertained by this Court; the petitioner must approach the appropriate forum.

Summary

The petitioner, Sindhubai Vilas Adsul, filed a writ petition seeking reinstatement as a Peon/Saphai Kamgar in the Rural Hospital, Paithan. The High Court examined whether it had jurisdiction to entertain a service reinstatement claim and considered the applicability of the limitation period. The Court held that such a prayer could not be entertained by it and directed the petitioner to approach the appropriate forum for relief. It further clarified that any time spent before the Court should be excluded when calculating the limitation period. Consequently, the petition was not entertained and was disposed of. The Court left the petitioner free to initiate suitable proceedings in the correct forum.

Issues considered

Whether the High Court can entertain a writ petition for reinstatement as a government employee
Whether the limitation period applies to the petition and how it should be calculated

Subjects

reinstatement
government employment
writ petition
jurisdiction
limitation period
service matters

Judgment

2026:BHC-AUG:12410-DB


                                                  1             59-wp 1255-2018.odt



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   WRIT PETITION NO. 1255 OF 2018

                 Sindhubai Vilas Adsul                                     .. Petitioner
                          Versus
                 The State Of Maharashtra And Others                       .. Respondents

                 None for the Petitioner.
                 Mr. S. J. Salgare, AGP for Respondent Nos. 1 to 5.

                                           CORAM : KISHORE C. SANT AND
                                                   SUSHIL M. GHODESWAR, JJ.
                                           DATE : 18th MARCH, 2026.
                 PER COURT :-

                 1.       The petitioner has prayed for reinstatement as Peon/Saphai

                 Kamgar in the Rural Hospital, Paithan. This Court finds that, the

                 said prayer cannot be considered by this Court. The petitioner, if

                 desires, may approach the appropriate forum.

                 2.       Considering above, this Court is not inclined to entertain the

                 petition. The writ petition stands disposed of.

                 3.       It is open for the petitioner to file appropriate proceeding.

                 In case of limitation period, the time spent before this Court be

                 excluded while calculating the period of limitation.


                 ( SUSHIL M. GHODESWAR, J.)                   ( KISHORE C. SANT, J. )

                 P.S.B.

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