The Division Bench allowed a writ petition filed by a Government Pleader awaiting remuneration for land acquisition references. The Court directed the Collector to process bills within six weeks, ensuring payment with interest.
Petitioner to be paid arrears and interest; bills to be processed within six weeks.
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.
2024:BHC-AUG:28538-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 4033 OF 2018
SANTOSH VASANT RASANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Shri Bide Dnyaneshwar A., Advocate for the Petitioner. Shri M.K. Goyanka, AGP for Respondent Nos.1 to 10/State. Shri B.R. Surwase, Advocate for Respondent Nos.11 and 12.
CORAM : MANGESH S. PATIL
&
PRAFULLA S. KHUBALKAR, JJ.
DATE : 03rd December, 2024
Per Court :-
Heard the learned advocate for the petitioner and the
learned AGP, as also, the learned advocate who appears for respondent Nos.11 and 12.
vs. The State of Maharashtra and others in Writ Petition
No.11417/2012 dated 09.05.2014 (Principal Seat), the State Government has evolved some policy and has taken the decision
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on 31.07.2014 regarding payments to be made to the Government Pleaders, we are merely concerned with the fact that the policy seems to be a dead letter rather the State itself has made it a dead letter by not acting pursuant to such policy, else, though the petition was filed way back in the year 2018, things would not have remained at the same stage. Leave alone filing of any reply, even otherwise the respondents could have independently and parallely undertaken some exercise in tune with the government decision and could have arrived at its own conclusions and paid the petitioner something.
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kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J. )
2 issues framed by the court
Whether to direct the Collector to process bills and pay arrears with interest to a Government Pleader awaiting remuneration.
Whether the State's failure to implement a prior policy regarding Government Pleader remuneration warrants judicial intervention.
SANTOSH VASANT RASANE
THE STATE OF MAHARASHTRA
RESPONDENT NO.4/ COLLECTOR
MANGESH S. PATIL
PRAFULLA S. KHUBALKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
