Writ petition impugning an order of the Maharashtra Administrative Tribunal which granted relief not sought. High Court set aside the Tribunal order and restored the original application to files for fresh disposal.
Order dated 17-8-2010 of the Tribunal set aside; Original Application restored to files for fresh disposal.
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.
1 W.P. No.703 of 2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Writ Petition No.703 Of 2011
Versus
R/o Cidco, Aurangabad. .. Respondent.
Shri. N.B. Khandare, Government Pleader, for the petitioners.
Shri. A.S. Deshpande, Advocate, for the respondent.
CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ.
DATE: 8th AUGUST 2011
ORAL JUDGMENT : (Per D.B. Bhosale, J.)
respondent waives service of Rule. By consent of the learned counsel for the parties taken up for final hearing.
2 W.P. No.703 of 2011
“i. Respondents are directed to issue a fresh order of dismissal w.e.f. 2.7.2004.
ii. Respondents shall pay all the financial benefits to the applicant for the period 21.5.2001 to 1.7.2004 treating the period for the applicant as on duty for giving financial benefits only. However, applicant is not entitled for order of reinstatement for the said period.
Accordingly, petition stands disposed of.
Since O.A. No.61/02 itself has stood disposed of today, nothing survives in M.A. Nos.375/03 and 193/04, they too disposed of. There shall be no order as to costs.”
the outset invited our attention to the Original Application and more particularly to the prayer clause thereof. The substantive prayers made in the Original Application read thus :
“(A) Stay the order of dismissal dated 21.5.2001 passed by the respondent No.2 and direct the respondent to reinstate the applicant forthwith with continuity of service and payment of back wages.
3 W.P. No.703 of 2011
(B) Award any other relief to which applicant is found entitled to & fit in the circumstances of the case.
(C) Award costs of the application.”
granted the relief which was not even sought for by the respondent and in view thereof he submitted that the impugned order deserves to be set aside and the matter be remanded to the Tribunal for fresh hearing.
The order dated 17-8-2010 rendered by the Tribunal is set side and the Original Application filed by the respondent is restored to files. It is open to the respondent to seek amendment of the Original Application. If such an application is made it may be decided in accordance with law. The Tribunal shall endeavour to dispose of the Original Application afresh on merits in accordance with law as expeditiously as possible
4 W.P. No.703 of 2011
and preferably within a period of six months from the date of receipt of this order. The parties to produce copy of this order before the Tribunal within a period of four weeks from today. All contentions of the parties are kept open. Rule is accordingly made absolute. No order as to costs.
Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.)
rsl
2 issues framed by the court
Whether the order of the Maharashtra Administrative Tribunal granting relief not specifically sought warrants setting aside and remand.
Whether the High Court will set aside the Tribunal order and restore the original application to files.
The State of Maharashtra
The Deputy Director of Land Records, Aurangabad Division, Aurangabad
Ramrao s/o Keshavrao Thombre
D.B. Bhosale
S.B. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
