Petitioner seeking regularisation and arrears for Government Milk Scheme employee. Court dispelled third-party status bar. Petitioner ordered to file representation within two weeks for consideration within 12 weeks.
Petitioner to file representation within two weeks; Respondent to consider within 12 weeks.
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WP-11294-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11294 OF 2013
Shamrao Sakharam Patil .. Petitioner vs. The State of Maharashtra & Ors. .. Respondents
Mr. P. M. Arjunwadkar for Petitioner. Ms S. S. Bhende – AGP for Respondent Nos. 1 to 3 and 5.
CORAM : ANOOP V. MOHTA AND M. S. SONAK, JJ.
DATE: March 10, 2014
P.C . :-
2] The Petitioner was an employee of Government Milk Scheme, Kolhapur, praying for regularisation and arrears of his legal entitlement in lieu of the Supreme Court Judgment dated 15.02.1994 passed in Transfer Application No. 101 of 1991 in Writ Petition No. 1951 of 1991 referred and confirmed in Civil Appeal No. 3070 of 1999 dated 24.07.2001 by the Supreme Court.
he was not party to the writ petitions / proceedings so referred above along with other 52 similarly placed employees. In view of
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WP-11294-13
the order so passed as the petitioner's case is similar in all respects except the fact that he is now retired, we see there is no reason not to treat the application of the petitioner in accordance with law. Therefore, by keeping all points open, the present petition is disposed of. The petitioner to file representation / application within two weeks from today. The concerned Respondent is directed to consider the representation / application of the petitioner as early as possible and preferably withing a period of 12 weeks from the date of representation / application of the petitioner.
Chandka
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2 issues framed by the court
Whether the petitioner, who was a third party to earlier proceedings, should be treated for regularisation and arrears of entitlement.
Whether the ground of non-party status to earlier writ petitions is a valid bar to relief in the present petition.
Shamrao Sakharam Patil
The State of Maharashtra
Anoop V. Mohta
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
