Pradip Nana Kuge And ORS v. The State Of Maharashtra Thr Its Secretary Ministry Of Helath And Family And ORS

909 WP2046-24.DOC Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.02.13 15:59:28 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO. 2046 OF 2024 Pradip Nana Kuge and Ors.

... Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.Pramod A. Kulkarni for the Petitioners Ms.P.N.Diwan, A.G.P. for the State _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

13 February, 2024 _______________________ P.C.

1.

This Petition was filed on 9th February 2024. The learned counsel for the Petitioners would fairly inform that Writ Petitions where similar issues are raised, are now to be heard before the Aurangabad Bench. He submits that there is some urgency, as the Petitioners are working as Ambulance Drivers since 2012, and new contractor is now being appointed who may terminate the services of the Petitioners. In this view of the matter, although the Petition can be transferred to Aurangabad Bench, however, interim protection be granted to the Petitioner.

2.

We find from the averments made in the Petition that in the aforesaid circumstances, as similar proceedings are before the Aurangabad Bench, we transfer the present proceedings before Aurangabad Bench for adjudication of this matter. However, considering the grave urgency as pointed out to us, we grant ad-interim protection to the Petitioners in terms of prayer clauses (C) and (D) which read thus:

13 February, 2024

909 WP2046-24.DOC "(C) The Respondent No.6 i.e. the Contractor be directed to not terminate their services of the present petitioners.

(D) Pending hearing and final disposal of the writ petition the respondent No.6 be directed to not to terminate or not to replace the present petitioners by other contractual Ambulance Drivers."

3.

Office to do the needful to transfer the present proceedings to the Aurangabad Bench.

4.

Parties to act on an authenticated copy of this Order. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 13 February, 2024