The State Of Maharashtra, Through Additional Chief Secretary, Public Health Dept v. Dr. Bhimsen Nagnath Turorikar

(6)-WP-3720-16.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3720 OF 2016 The State of Maharashtra ..Petitioner

Versus

Dr. Bhimsen Nagnath Turorikar ..Respondent Mr. N. K. Rajpurohit, AGP for the Petitioner - State. Mr. Gaurav Bandiwadekar i/by Mr. B. A. Bandiwadekar, Advocate for Respondent.

CORAM: B. R. GAVAI & N. J. JAMADAR, JJ.

DATE: 6th FEBRUARY, 2019 P.C.:- 1] Petition challenges the order dated 15/04/2013 vide which the Original Application filed by the Respondent-employee was allowed by the learned Maharashtra Administrative Tribunal, thereby awarding him the Non Practicing Allowance.

2] The learned Tribunal in earlier decision in Original Application No.495 of 2008 had taken the similar view and and Respondent's Original Application was allowed in terms of the order passed in Original Application No.495 of 2008. The Petitioner had also 1/2

(6)-WP-3720-16.doc challenged the order passed in Original Application No.495 of 2008 by filing Writ Petition No.6650 of 2013. Division Bench of this Court, vide order dated 25/08/2014, by a reasoned order, has upheld the view taken by the learned Tribunal in Original Application No.495 of 2008 and dismissed the Writ Petition.

3] It is sought to be contended on behalf of the State Government that the order dated 25/08/2014 is sought to be reviewed. Period of almost five years has passed from the date on which the order was passed in Writ Petition No.6650 of 2013.

4] On perusal of the order passed in Original Application No.495 of 2008, we concur with the view of the Division Bench of this Court while deciding the Writ Petition No.6650 of 2013 that no interference was warranted in the findings given by the learned Tribunal. 5] In that view of the matter, Petition stands rejected. (N. J. JAMADAR, J.) (B. R. GAVAI, J.) 2/2