Dattatray Satappa Talwar v. State Of Maharashtra, Through Secretary, Revenue Dept And ORS

skc 1 28-WP-5770-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5570 OF 2014 Dattatray Satappa Talwar ..Petitioner Vs State of Maharashtra & Ors.

..Respondents Mr. C. K. Bhangoji i/b. Mr. R. K. Mendadkar for Petitioner. Mr. P. P. More - AGP for Respondent Nos. 1 to 3. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 19, 2017 P.C. :

The petitioner has filed this petition seeking following reliefs : "a) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other writ, order or directions in the nature of mandamus thereby directing the Respondent Nos. 2 and 3 to protect the services of the petitioner in the light of judgments of the Hon'ble Supreme Court as well as this Hon'ble Court since he is appointed prior to 28.11.2000." 2] Learned AGP has pointed out that the Full Bench judgment on which the petitioner is relying has now been over-ruled by the Supreme Court in the case of the Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. Civil Appeal 1/2

skc 2 28-WP-5770-14.sxw No.8928 of 2016 vide judgment dated 6th July,2017. He also submits that the earlier judgment of the Supreme Court has been considered in the recent judgment of the Supreme Court and the views taken in those judgments have not been approved in the case of Director FCI and Ors. (supra).

3] In the circumstances, no relief claimed in the petition can be granted to the petitioner in this petition. The petition therefore fails and is hereby dismissed.

(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Chandka 2/2