FARAD CONTINUATION SHEET IN THE MAHARASHTRA … ORDERS 201117.pdf · FARAD CONTINUATION SHEET IN...

FARAD CONTINUATION SHEET IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL,

AURANGABAD BENCH, AURANGABAD

ORIGINAL APPLICATION NO. 475/2017 (Chandrakant S. Jadhav V/s. State of Maharashtra & Ors.)

---------------------------------------------------------------------------------------- OFFICE ORDER TRIBUNAL’S ORDERS ----------------------------------------------------------------------------------------

CORAM : B. P. PATIL, MEMBER (J) DATE : 20.11.2017. ORAL ORDER :

Heard Shri P.P. More, learned Advocate for

the applicant and Shri M.S. Mahajan, learned

Chief Presenting Officer for respondents.

2. The learned C.P.O. seeks time to take

instructions from the concerned respondents.

Tim granted.

3. S.O. to 28.11.2017.

MEMBER (J)

ARJ ORAL ORDERS 20-11-2017



ORIGINAL APPLICATION NO. 488/2017 (Ramchandra S. Jaybhaye V/s. State of Maharashtra & Ors.)



Heard Shri S.D. Dhongde, learned Advocate

for the applicant and Smt. Priya R.

Bharaswadkar, learned Presenting Officer for

respondents.

2. At the request of learned P.O., S.O. to

4.12.2017. This matter be treated as a part

heard.

MEMBER (J)




ORIGINAL APPLICATION NO. 590/2017 (Kantabai D. Shriram V/s. State of Maharashtra & Ors.)



Heard Shri V.B. Wagh, learned Advocate for

the applicant and Shri M.S. Mahajan, learned

Chief Presenting Officer for respondents.

2. The learned C.P.O. seeks time to make the

submissions as regards when the Government is

going to decide the proposal dated 12.8.2016

sent by the Additional Principal Chief

Conservator of Forest (Administration Cadre),

M.S., Nagpur to the res. No.1. Time granted.

3. S.O. to 22.11.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 784/2016 (Dr. M.B. Yakubsab V/s. State of Maharashtra & Ors.)



Heard Shri G.N. Kulkarni (Mardikar),

learned Advocate for the applicant and Shri M.P.

Gude, learned Presenting Officer for respondents.

2. At the request of learned Advocate for the

applicant, S.O. to 14.12.2017.

MEMBER (J)




MA 72/2017 IN OA ST. 187/2017 (Shankar D. Chaundhari V/s. State of Maharashtra & Ors.)



None appears for the applicant. Smt.

Sanjivani Deshmukh Ghate, learned Presenting

Officer for respondent no. 1 and Shri S.D.

Dhongde, learned Advocate for respondent nos. 2

& 3.

2. Shri Dhongde, learned Advocate has filed

affidavit in reply of res. Nos. 2 & 3. It is taken on

record and copy thereof has been served upon

the learned P.O. He undertakes to serve the copy

of reply to upon the learned Advocate for the

applicant.

3. In view of absence of learned Advocate for

the applicant, S.O. to 11.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 909/2016 (Laxman A. Lomte V/s. State of Maharashtra & Ors.)



Heard Shri S.D. Joshi, learned Advocate for

the applicant and Smt. Deepali S. Deshpande,

learned Presenting Officer for respondents.

2. The learned Advocate for the applicant

seeks time to take instructions from the

applicant. Tim granted.

3. S.O. to 22.11.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 696/2017 (Anand F. Kashekar & Ors. V/s. State of Maharashtra & Ors.)



Heard Shri Amol Karangal, learned

Advocate holding for Shri C.R. Thorat, learned

Advocate for the applicants and Smt. Priya R.

Bharaswadkar, learned Presenting Officer for

respondents.

2. The learned P.O. seeks time to file affidavit

in reply of the respondents. Tim granted.

3. S.O. to 11.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 907/2016 (Sanjivkumar B. Sathe Patil & Ors. V/s. State of Maharashtra & Ors.)



Heard Shri Raghavendra N. Bharaswadkar,

learned Advocate for the applicants and Shri M.P.

Gude, learned Presenting Officer for respondents.

2. The learned P.O. seeks time to take

instructions from the concerned respondents.

Tim granted.

3. S.O. to 21.11.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 505/2017 (Vijaykumar R. Shinde V/s. State of Maharashtra & Ors.)



Heard Smt. Vidya Taksal, learned Advocate

holding for Shri A.S. Deshmukh, learned

Advocate for the applicant and Shri I.S. Thorat,

learned Presenting Officer for respondents.

2. The learned P.O. submits that he will go

through the rejoinder filed by the applicant and

make his submissions on the next date. Time

granted.

3. S.O. to 27.11.2017. The interim relief

granted earlier to continue till then.

MEMBER (J)




ORIGINAL APPLICATION NO. 594/2017 (Ranjana R. Pagare & Ors. V/s. State of Maharashtra & Ors.)



Heard Shri R.B. Temak, learned Advocate

for the applicants and Shri M.S. Mahajan,

learned Chief Presenting Officer for respondents.

2. The learned C.P.O. seeks time to file

affidavit in reply. Tim granted.

3. S.O. to 15.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 612/2017 (Nirmala P. Walke & Ors. V/s. State of Maharashtra & Ors.)



Heard Shri R.B. Temak, learned Advocate

for the applicants and Shri I.S. Thorat, learned

Presenting Officer for respondents.

2. The learned P.O. seeks time to file affidavit

in reply. Tim granted.

3. S.O. to 15.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 802 WITH 347 BOTH OF 2015 ---------------------------------------------------------------------------------------- OFFICE ORDER TRIBUNAL’S ORDERS ----------------------------------------------------------------------------------------


Heard Shri Ganesh Jadhav, learned

Advocate holding for Shri A.S. Shelke, learned

Advocate for the applicants in both the matters

and Smt. Resha S. Deshmukh, learned

Presenting Officer for respondents in both the

matters.


applicants, S.O. to 6.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 513/2017 (Dinkar R. Bhosrekar V/s. State of Maharashtra & Ors.)


CORAM : B. P. PATIL, MEMBER (J) (This matter is placed before the Single Bench due to non-availability of Division Bench.)

DATE : 20.11.2017.

ORAL ORDER : Heard Shri V.B. Wagh, learned Advocate for

the applicant and Shri D.R. Patil, learned

Presenting Officer for respondents.

2. The learned P.O. seeks time to take

instructions from the concerned respondents on

the line of order of the Tribunal dated 29.9.2017.

Tim granted.

3. S.O. to 6.12.2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 113 OF 2017 (Marathwada Sarva Shramik Sangathana, Aurangabad through its General

Secretary V/s. State of Maharashtra & Ors.) ---------------------------------------------------------------------------------------- OFFICE ORDER TRIBUNAL’S ORDERS ----------------------------------------------------------------------------------------

CORAM : B. P. PATIL, MEMBER (J) (This case is placed before the Single

Bench due to non-availability of the Division Bench.)

DATE : 20.11.2017. ORAL ORDER :

Heard Shri G.R. Jadhav, learned Advocate

holding for Shri A.S. Shelke, learned Advocate for

the applicant and Shri S.K. Shirse, learned

Presenting Officer for the respondents.

2. Learned Presenting Officer seeks time for

filing affidavit in reply. Time granted as a last

chance.

3. S.O. to 19th December, 2017.

MEMBER (J)

ORAL ORDERS 20.11.2017-HDD



ORIGINAL APPLICATION NO. 114 OF 2017 (Marathwada Sarva Shramik Sangathana, Aurangabad through its General

Secretary V/s. State of Maharashtra & Ors.) ---------------------------------------------------------------------------------------- OFFICE ORDER TRIBUNAL’S ORDERS ----------------------------------------------------------------------------------------




Heard Shri G.R. Jadhav, learned Advocate

holding for Shri A.S. Shelke, learned Advocate for

the applicant and Shri S.K. Shirse, learned



filing affidavit in reply. Time granted as a last

chance.


MEMBER (J)




M.A.NO 93/17 WITH M.A. 409/14 IN O.A.ST.1452/14 (Manjushree B. Deshpande V/s. State of Maharashtra & Ors.)





Heard Shri H.A. Joshi, learned Advocate for

the applicant and Shri D.R. Patil, learned



filing affidavit in reply. Time granted.


MEMBER (J)




ORIGINAL APPLICATION NO. 644 OF 2015 (Smt. Smeeta R. Ghayal V/s. State of Maharashtra & Ors.)





Shri P.C. Mayure, learned Advocate for the

applicant (absent). Shri S.K. Shirse, learned


2. This case is required to be heard by the

Division Bench. Hence, it be removed from the

Board and be placed before the Division Bench as

and when it is available.

MEMBER (J)




M.A.NO. 430/2017 IN O.A.NO. 668/2016 (Smt. Seema S. Wani V/s. State of Maharashtra & Ors.)





Heard Shri A.D. Gadekar, learned Advocate

for the applicant and Shri I.S. Thorat, learned


2. Learned Presenting Officer for the

respondents prays for time for taking corrective

measures in view of the directions given by this

Tribunal by an order dated 11.10.2017. Time

granted.

3. S.O. to 30th November, 2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 249 OF 2017 (Shri Raja V. Lakkamwad V/s. State of Maharashtra & Ors.)





Heard Ms. P.R. Wankhade, learned

Advocate for the applicant and Shri S.K. Shirse,

learned Presenting Officer for the respondents.

2. Learned Presenting Officer has filed

communication dated 18th November, 2017 along

with other documents and the same is taken on

record and marked as document ‘X’ for the

identification purposes.

3. This case be placed before the Hon’ble Vice

Chairman, Justice Shri M.T. Joshi, on 28th

November, 2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 65 OF 2017 (Shri Kundan V. Deshmukh V/s. State of Maharashtra & Ors.)




the applicant and Shri N.U. Yadav, learned


2. Admit. 3. This case be placed for final hearing on 30th

November, 2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 882 OF 2016 (Shri Pradeep M. Koushike V/s. State of Maharashtra & Ors.)




the applicant and Shri N.U. Yadav, learned



applicant, S.O. 30th November, 2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 69 OF 2017 (Shri Amarsing S. Kamthekar V/s. State of Maharashtra & Ors.)



Heard Shri H.B. Pawar, learned Advocate

holding for Shri H.V. Tungar, learned Advocate

for the applicant and Smt. Sanjivani Deshmukh-

Ghate, learned Presenting Officer for the

respondents.

2. Learned Advocate for the applicant prays

for time for filing rejoinder affidavit. Time

granted.


MEMBER (J)




ORIGINAL APPLICATION NO. 43 OF 2017 (Shri Nanasaheb S. Patil V/s. State of Maharashtra & Ors.)



Shri V.G. Salgare, learned Advocate for the

applicant (absent). Shri M.S. Mahajan, learned

Chief Presenting Officer for the respondents.

2. Learned Chief Presenting Officer for the

respondents prays for time to file affidavit in

reply on behalf of respondent Nos. 1 to 4. Time

granted as a last chance.


MEMBER (J)




ORIGINAL APPLICATION NO. 474 OF 2017 (Shri Chandrakant B. Kadam V/s. State of Maharashtra & Ors.)



Heard Shri Amol Kurangal, learned

Advocate holding for Shri P.D. Suryawanshi,

learned Advocate for the applicant and Shri M.P.

Gude, learned Presenting Officer for the

respondents.


for time to file rejoinder affidavit. Time granted.


MEMBER (J)




ORIGINAL APPLICATION NO. 892 OF 2016 (Smt. Babita U. Rathod V/s. State of Maharashtra & Ors.)



Heard Smt. Juee Palekar-Parlikar, learned

Advocate holding for Shri S.D. Joshi, learned

Advocate for the applicant and Smt. Resha S.

Deshmukh, learned Presenting Officer for the

respondents.


applicant, S.O. to 11th December, 2017, as a last

chance.

MEMBER (J)




ORIGINAL APPLICATION NO. 771 OF 2016 (Smt. Usha R. Bahirat V/s. State of Maharashtra & Ors.)



Learned Advocate Shri Abhay G. Deshmukh

appeared before this Tribunal today and has

submitted that he has received instructions from

the applicant to appear on his behalf in the

present case. He has filed VAKALATNAMA on

behalf of the applicant. It is taken on record. He

prays time. Time granted.

2. Shri I.S. Thorat, learned Presenting Officer

for the respondent Nos. 1 to 3 and Shri S.T. Veer,

learned Advocate for respondent No. 4.


MEMBER (J)




M.A.NO. 422/2016 IN O.A.ST.NO. 1713/2016 (Shri Baburao G. Randive V/s. State of Maharashtra & Ors.)



Heard Shri G.J. Kore, learned Advocate for

the applicant and Mrs. Deepali S. Deshpande,

learned Presenting Officer for the respondents,

present.


for time to answer the query raised by this

Tribunal by an order dated 02.08.2017. Time



MEMBER (J)




ORIGINAL APPLICATION NO. 246 OF 2017 (Shri Deepak L. Shere V/s. State of Maharashtra & Ors.)



Heard Shri D.P. Sathe, learned Advocate

holding for Shri K.M. Nagarkar, learned Advocate

for the applicant and Shri M.S. Mahajan, learned

Chief Presenting Officer for the respondents.


respondents prays for time for filing affidavit in

reply. Time granted.


MEMBER (J)




ORIGINAL APPLICATION NO. 704 OF 2017 (Shri Asman D. Garje & Ors. V/s. State of Maharashtra & Ors.)



Heard Shri J.B. Choudhary, learned

Advocate for the applicant and Mrs. Priya R.

Bharaswadkar, learned Presenting Officer for the

respondents.


applicant, S.O. to 18th December, 2017.

MEMBER (J)




ORIGINAL APPLICATION NO. 425 OF 2017 (Shri Prasad F. Pawar & Anr. V/s. State of Maharashtra & Ors.)



Heard Shri P.D. Deshmukh, learned

Advocate holding for Dr. Swapnil Taushikar,

learned Advocate for the applicant and Mrs. Priya

R. Bharaswadkar, learned Presenting Officer for

the respondents.

2. Learned Presenting Officer prays for time

for filing affidavit in reply.

3. It appears from the proceedings that ample

opportunities have already been granted to the

respondents for filing affidavit in reply. Today,

again learned Presenting Officer prays for time

for filing affidavit in reply on behalf of the

respondents. In the interest of justice time is



MEMBER (J)




ORIGINAL APPLICATION NO. 199 OF 2017 (Smt. Rajubai S. Patil V/s. State of Maharashtra & Ors.)



Heard Shri S.K. Mathpati, learned Advocate

for the applicant and Shri D.R. Patil, learned


2. Learned Advocate for the applicant has

placed on record a copy of judgment delivered by

the Hon’ble High Court of Judicature at Bombay

in Writ Petition No. 11839/2015 on 12th July,

2017, wherein the reliance has been placed on

the judgment of Division Bench of the Hon’ble

Bombay High Court Bench at Aurangabad in the

case of KANTABAI W/O. DHULAJI SHRIRAM & ORS. V/S. HAUSABAI DHULAJI SHRIRAM &

ORS. reported in 2015 (3) Mh.L.J. 883. He has

submitted that the decision in the aforesaid

judgment had been challenged before the Hon’ble

Apex Court and the Hon’ble Apex Court has

confirmed the said decision. He has produced

the copy of the judgment delivered by the Hon’ble

Apex Court in the case of HAUSABAI DHULAJI SHRIRAM & ORS. V/S. KANTABAI W/O.

DHULAJI SHRIRAM & ORS. in Special Leave to Appeal (C) No. 5703/2014 dated 4th September,

2015. He has submitted that the case of the

:: - 2 - :: O.A. NO. 199 OF 2017

present applicant is squarely covered under the

said decision and, therefore, he prayed to allow

the present Original Application.

3. Learned Presenting Officer for the

respondents prays for time to go through the

judgment placed on record by the learned

Advocate for the Applicant.

4. On goring through the aforesaid judgment,

it reveals that the Hon’ble Bombay High Court

Bench at Aurangabad has considered the claim

of the second wife and granted her family pension

in view of the provisions of Rule 116 of the

Maharashtra Civil Services (Pension) Rules, 1982

in the case of KANTABAI W/O. DHULAJI SHRIRAM & ORS. V/S. HAUSABAI DHULAJI SHRIRAM & ORS. (supra). The said decision

has been confirmed by the Hon’ble Apex Court.

Therefore, the respondents are directed to state

as to whether they are going to consider the case

of the applicant in view of the decision given by

the Hon’ble High Court and Apex Court. If they

consider the said decision, they are directed to

take necessary corrective measures. In case they

are not going to consider the case of the

applicant on the basis of said decision, they are

directed to file short affidavit giving detailed

reasons as to why they don’t want to rely on the

said decision and to state legal impediment, if

:: - 3 - :: O.A. NO. 199 OF 2017

any in not taking corrective measures. The short

affidavit be filed on or before the next date.


6. Learned Presenting Officer to act upon the

steno copy.

MEMBER (J)




ORIGINAL APPLICATION NO. 102 OF 2016 (Shri Shankar A. Tamke V/s. State of Maharashtra & Ors.)



Heard Shri S.P. Dhoble, learned Advocate

holding for Shri A.V. Patil (Indrale), learned

Advocate for the applicant and Shri M.S.

Mahajan, learned Chief Presenting Officer for the

respondents.


respondents has submitted that this Tribunal

has given directions to complete the earlier

recruitment process for appointment of the Police

Patil of village Bhatsangvi, Tq. Chakur, Dist.

Latur, which was part of the Revenue Sub

Division of Udgir at that time by passing the

order in O.A. No. 652/2012 on 27th February,

2013. He has submitted that after passing the

said order, Government has created one more

Revenue Sub Division at Ahmedpur and the

villages of Tq. Chakur had been included in the

jurisdiction of the Revenue Sub Division of

Ahmedpur. He has submitted that because of

the said fact the Sub Divisional Officer, Udgir

could not able to pass the necessary orders in the

recruitment of the village Bhatsangvi, Tq.

Chakur, Dist. Latur, in view of the directions

:: - 2 - :: O.A. NO. 102 OF 2016

given by this Tribunal in O.A. No. 652/2012. He

has submitted that because of establishment of

new Revenue Sub Division at Ahmedpur, the Sub

Divisional Officer, Ahmedpur has issued new

proclamation and proceeded to make reservation

for the posts of Police Patil of different villages in

Chakur Taluka as per rules and, therefore, the

impugned notification came to be issued. He has

submitted that the order passed by this Tribunal

giving directions is binding on the Sub Divisional

Officer, Ahmedpur. He has submitted that he

will take instructions from the Sub Divisional

Officer, Ahmedpur, as to whether he will take

corrective measures in the matter in view of the

directions given by this Tribunal in O.A. No.

652/2012 on 27th February, 2013 and he will file

affidavit of S.D.O., Ahmedpur on the next date

and, therefore, he sought short time. Short time

is granted to the respondents to file reply of

S.D.O., Ahmedpur.


4. Learned Presenting Officer to act upon

steno copy.

MEMBER (J)


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