The High Court of Bombay held that reliefs claimed in the writ petitions were available before the Maharashtra Administrative Tribunal. Consequently, the petitions were dismissed, granting the petitioner liberty to approach that Tribunal.
Petitions dismissed with liberty to approach the Maharashtra Administrative Tribunal.
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.
4-wp-7469.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 7469 OF 2017
Smt. Sujata Pradeep Shirsolkar … Petitioner Versus The State of Maharashtra and Ors. … Respondents WITH
WRIT PETITION NO. 8137 OF 2017
Priti Pradeep Shirsolkar … Petitioner
Versus
The State of Maharashtra and Ors. … Respondents
Mr. Nasim Khan for the petitioner in WP No. 7469 of 2017.
Mr.A.I. Patel, AGP for respondent nos. 1 and 2.
CORAM : SHANTANU KEMKAR & NITIN W. SAMBRE, JJ. DATE : JULY 09, 2018
P.C. :
We find that for the reliefs claimed in this petition, the petitioner can approach Maharashtra Administrative Tribunal. We dismiss this petition with a liberty to the petitioner to approach the Maharashtra Administrative Tribunal.
With the aforesaid liberty, petition is dismissed.
(NITIN W. SAMBRE, J.)
(SHANTANU KEMKAR, J.)
Digitally signed by Hemant Vasantrao Nilegaonkar Date: 2018.07.09 15:12:59 +0530
Hemant nilegaonkar Vasantrao Nilegaonkar
1
2 issues framed by the court
Whether a writ petition seeking relief available before the Maharashtra Administrative Tribunal is maintainable in this Court.
What relief to grant in a writ petition concerning retirement/pension matters where an alternative forum exists.
Smt. Sujata Pradeep Shirsolkar
Priti Pradeep Shirsolkar
The State of Maharashtra
Shantanu Kemkar
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
