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Bombay High CourtWP/13089/2016disposed off

Shri. Gorakh Navnath Divate v. State Of Maharashtra And ORS

2019-06-18Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar2 pages

1 8 WP 13089-2016.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13089 OF 2016.

Mr.Gorakh Navnath Divate .. Petitioner Vs State of Maharashtra and others .. Respondents Mr.Ajinkya M.Udane, for the Petitioner.

Mr.M.M.Pabale - Additional Government Pleader, for RespondentState. CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J.

Date : 18 June, 2019.

P.C. :

1.

A perusal of the Writ Petition would show that question of fact needs to be ascertained after looking into the records of the 4th Respondent School established by the 3rd Respondent Trust for the reason it is the case of the Petitioner that he was appointed in the 4th Respondent School as a peon on 12 June 2008 and not 11 November 2013 as claimed by the management of the School.

2 8 WP 13089-2016.doc 2.

Learned counsel for the Petitioner and Respondent Nos.1 and 2 jointly pray that the Petition be disposed of directing the second Respondent to treat the Writ Petition as a representation to him and after summoning the relevant record from the 4th Respondent and thereafter giving an opportunity of hearing to the Petitioner as well as the representative of the 4th Respondent pass an order settling the dispute as to what would be the date of appointment of the Petitioner under the 4th Respondent as a peon. The necessary order would be passed by the second Respondent within six months from today.

N.M.JAMDAR, J.

CHIEF JUSTICE