Disposed

Siddharth S Kulkarni v. State of Maharashtra and 3 Ors.

Bombay HC9 Dec 2009PIL/112/2009

Case brief

AI extract

What is this about?

The court disposed of two Public Interest Litigations concerning post-retirement appointments. Accepting an undertaking from the State to review and terminate irregular appointments, the court held that individual grievances should be pursued separately.

What did the court decide?

Acceptance of State's undertaking to review appointments and termination of irregular posts; disposal of PILs and pending applications.

Siddharth S Kulkarni Vs State of Maharashtra… — Pension and Retirement Benefits | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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PUBLIC INTEREST LITIGATION NO.112 OF 2009

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Siddharth Shantaram Kulkarni .. Petitioner

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Vs.

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The State of Maharashtra & Ors. .. Respondents

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ALONGWITH

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PUBLIC INTEREST LITIGATION NO.85 OF 2008

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Dr.Jagannath Sitaramji Dhone & Ors. .. Petitioners

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Vs.

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The State of Maharashtra & Ors. .. Respondents

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Mr.Vinod Doshi with Ms.L.B.Patane for the petitioner in PIL No.85 of 2008

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Ms.Anita Agarwal with Ms.Swati Ghodke, Mr.S.V.Dere and Ms.J.Y.Gade i/b Mr.Pramod Sonawane for the petitioner in PIL No.112 of 2009

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Mr.R.M.Kadam, Advocate General with Mr.D.A.Nalawade, G.P. for the respondent/State

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Mr.N.P.Deshpande, A..GP. For the respondent/Maharashtra Legislature Secretariate

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Ms.Kiran Bagalia for the respondent/MMRDA

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Mr.A.M.Kulkarni for the applicant in NM No.490 of 2009

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Mr.Abhijeet Desai i/b Mr.M.S.Narvekar for the applicant in Chamber Summons No.332 of 2009

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Mr.U.P.Bobade i/b Mr.Jtendra Ramagade for respondent nos.3 in PIL No.112 of 2009

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Mr.M.S.Karnik for respondent nos.4 in PIL No.112 of 2009

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CORAM : J. N. PATEL &

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A.A. SAYED, JJ

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DATE : 9TH DECEMBER, 2009

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P.C. :

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The learned Advocate General has tendered an affidavit of Principal Secretary (Services) as directed by this court. The concerned Secretary of the Department has specifically stated that all existing post retirement appointments of State Government employees and their extensions will be reviewed. It is further stated that those appointments which are not in accordance with the provisions of the GR dated 9.11.1995 or its subsequent amendments, will be terminated or phased out and that this exercise of reviewing all cases of reappointments and/or extension of State Government officers and employees will be completed by 31.3.2010.

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The affidavit filed by the Principal Secretary in GAD Department is by way of commitment made to this court. The same can be accepted as an undertaking. We therefore, accept this as an undertaking given to this court. In view of the commitment made by the State Government through its Principal Secretary, we do not find that anything survives in the Writ Petition and the same stands disposed of accordingly.

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In so far as persons who are aggrieved with the matter and are parties

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before this court can approach the Principal Secretary (GAD), Mantralaya, Government of Maharashtra including the Secretariat of the Chief Minister and in case of individual grievances, separate petitions can be filed before appropriate forum, as this would not come within the realm of the Public Interest Litigation.

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In view of the disposal of the Public Interest Litigation, all interlocutory applications pending in the court stand disposed of.

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( J. N. Patel, J)

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(A.A. Sayed, J)

Siddharth S Kulkarni v. State of Maharashtra and 3 Ors.

Case brief

What is this about?

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Siddharth S Kulkarni v. State of Maharashtra and 3 Ors.

Case brief

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