Bench held the issue was no longer res-integra, being covered by decided matters. Petitioners were directed to continue employment as on 24.7.2015.
Respondents directed to continue petitioners' services as on 24.7.2015 and deal with services as stipulated.
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.
933 sr. no..odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4749 OF 2016
IMRAN USMAN SHAIKH AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr. Laxman H. Kawale AGP for Respondents: Mr. V.M. Kagne.
. . .
CORAM : R.M. BORDE & K.K. SONAWANE, JJ.
DATE : 18TH OCTOBER, 2016.
PER COURT:
The issue raised in the instant petition is no more res-integra and is covered by the decision rendered by the Nagpur Bench in W.P. No. 6401 of 2015 and other companion matters decided on 21st March, 2016 and and the decision rendered by the Division Bench at Aurangabad in a group of matters i.e. W.P. No. 11655 of 2015 with other companion matters dated 22.4.2016.
2] It is agreed that the facts giving rise to the instant petition are also exactly similar to the facts in the decided matter. Considering this aspect, we pass the following order :-
i] The respondents are hereby directed to continue the services of the petitioners as were in the employment on 24.7.2015 and to deal with their services, as stipulated therein.
ii] It is open to the respondents to take appropriate policy decision in this respect or to modify the policy decision already taken, in accordance with law.
iii] Writ petition is accordingly disposed of.
[K.K.SONAWANE] [R.M. BORDE] grt/- JUDGE JUDGE
1 issue framed by the court
Whether the petitioners are entitled to directory reinstatement based on binding precedent and agreed facts.
IMRAN USMAN SHAIKH AND OTHERS
THE STATE OF MAHARASHTRA AND OTHERS
R.M. BORDE
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
