Gajanan Shriram Pakhare Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2024) — LawSathi Research

Gajanan Shriram Pakhare Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Chief Executive Officer, Zilla Parishad, Jalna, to comply with the decision dated 23.04.2010 and the letter dated 20.10.2018, with a compliance report to be tendered to the Court on 01.04.2024.

Issue for consideration

As prayed at filing: quash and set aside the impugned order dated 20.10.2018 issued by the Deputy Commissioner (EST), Commission rate Aurangabad, and the communication dated 03.11.2018 made by the Dy.CEO (Gen), Zilla Parishad, Jalna, and direct the respondents to implement the order dated 23.04.2010 of the Divisional Additional Commissioner, Aurangabad, granting a deemed date from 09.02.2001 with consequential benefits in the cadre of Extension Officer (V.P.). +1 more

Ratio / Principle

Considering that neither the Zilla Parishad nor Respondent No.4 desired to oppose the petition, the Court directed the Chief Executive Officer, Zilla Parishad, Jalna, to comply with the decision dated 23.04.2010 as well as the letter dated 20.10.2018, and to tender a compliance report to the Court on 01.04.2024.

Detailed headnote1 paragraphs

Gajanan Shriram Pakhare v. The State of Maharashtra through its Secretary and others — Writ Petition No. 1524 of 2023, High Court of Judicature at Bombay, Bench at Aurangabad, per curiam (Ravindra V. Ghuge & R.M. Joshi, JJ.), disposed of on 01.03.2024. The petitioner had prayed for quashing of the order dated 20.10.2018 of the Deputy Commissioner (EST), Commission rate Aurangabad, and the Dy.CEO (Gen), Zilla Parishad, Jalna communication dated 03.11.2018, and for implementation of the Divisional Additional Commissioner, Aurangabad's order dated 23.04.2010 granting a deemed date from 09.02.2001 with consequential benefits in the cadre of Extension Officer (V.P.). At the hearing the petitioner pressed only that the Additional Divisional Commissioner's decision dated 23.04.2010 in File No.DB/Appeal/Cell/ZP/89/2009 and the Deputy Commissioner, Establishment Department's letter dated 20.10.2018 to the CEO, Zilla Parishad, Jalna, be complied with. Neither the Zilla Parishad (Respondent No.2) nor Respondent No.4 opposed the petition. The Court directed the Chief Executive Officer, Zilla Parishad, Jalna, to comply with the decision dated 23.04.2010 and the letter dated 20.10.2018, with a compliance report due on 01.04.2024, and disposed of the writ petition.

2024:BHC-AUG:4561-DB

1 905wp1524o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

905 WRIT PETITION NO. 1524 OF 2023

GAJANAN SHRIRAM PAKHARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Shri D.R. Irale Patil, Advocate for the Petitioner Shri S.K. Tambe, AGP for Respondent 1/State

CORAM : RAVINDRA V. GHUGE &

R.M. JOSHI, JJ.

DATE :- 01^st March, 2024

Per Court :-

1. On 08.02.2023, we had passed the following order:-

“1. The petitioner has put forth prayer clause B, B- 1 and C as under :-

"B. The Hon'ble Court may be pleased to pass necessary orders and quash and set aside the impugned order dtd. 20.10.2018 issued by Deputy Commissioner (EST) (Exh- ) Commission rate Aurangabad and also communication made by Dy.CEO (Gen) Zilla Parishad Jalna on 03.11.2018 and by issuing a writ of mandamus or a writ in like nature, the respondents may kindly be directed to act and implement the order dt. 23.04.2010 passed by Divisional Add. Commissioner Aurangabad and provide deemed date from 09.02.2001 with consequential benefits in the cadre of Extension Officer (V.P.).

B-1. Quashing and setting aside the impugned orders under challenge order dtd. 20.10.2018

2 905wp1524o23

issued by Deputy Commissioner (EST) (Exh.- ) Commission Rate Aurangabad and also Communication made by Dy.CEO (Gen.) Zilla Parishad Jalna on 03.11.2018, and the Hon'ble Court may be pleased to pass necessary order and direct the respondents to implement the impugned order dtd.23.04.2010 passed by Additional Divisional Commissioner Aurangabad in its true letter and spirit within time limit as found just and proper by this Hon'ble Court.

C.

Pending hearing and final disposal of this writ petition, the Hon'ble Court may be pleased to pass necessary order and stay the effect of the implementations of the impugned order dtd.20.10.2018 issued by Deputy Commissioner (EST) (Exh. ) Commission rate Aurangabad and also communication made by Dy.CEO (Gen) Zilla Parishad, Jalna on 03.11.2018."

Issue notice to the respondents, returnable on 20.03.2023. The learned AGP waives service of notice on behalf of respondent No.1.

All office objections to be removed within 4 (four) weeks.”

On 23.02.2024, we passed the following order:-

“1. The learned Advocate for the Petitioner has placed on record the service affidavit. The Advocate’s notice was issued to Respondent No. 4 through Speed Post AD in view of the liberty granted by this Court vide order dated 24th March, 2023. A copy of the tracking report is placed on record which indicates that the envelope was delivered to Respondent No. 4 on 1st April, 2023.

None is present for the Zilla Parishad who is the contesting Respondent.

In view of the above, list this matter on 1st

3 905wp1524o23

March, 2024, in the same category.”

None is present for Respondent No.2/ Zilla Parishad as well as Respondent No.4.

The only prayer that the Petitioner is now pressing before us, is that the decision delivered by the Additional Divisional Commissioner, Chhatrapati Sambhajinagar, dated 23.04.2010 in File No.DB/ Appeal/ Cell/ ZP/ 89/2009 as well as the communication by the Deputy Commissioner, Establishment Department of the Divisional Commissioner, Chhatrapati Sambhajinagar, addressed to the Chief Executive Officer, Zilla Parishad, Jalna, dated 20.10.2018, should be complied with.

Considering the above and taking into account that neither the Zilla Parishad, nor Respondent No.4 desires to oppose this petition, we direct the Chief Executive Officer, Zilla Parishad, Jalna, to comply with the decision dated 23.04.2010 as well as the letter dated 20.10.2018. Compliance report shall be tendered to this Court on 01.04.2024.

This Writ Petition is disposed off.

kps ( R.M. JOSHI, J. )

( RAVINDRA V. GHUGE, J. )