Dadaji Tulshiram Nikam v. State Of Maharashtra Thru Secretary School Edu. Dept. And ORS

1 49-WP-9576-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9576 OF 2023 YUGANDHARA SHARAD PATIL Dadaji Tulshiram Nikam

...Petitioner

Versus

State Of Maharashtra And Ors

...RespondentS

.......

Mr. Suhas. B. Deokar, for the Petitioner.

Ms. Nisha Mehra, AGP for Respondent Nos 1 and 2. .......

by YUGANDHARA SHARAD PATIL Date:

2024.01.22 15:04:59 +0530 CORAM : NITIN JAMDAR & M.M.SATHAYE, JJ.

DATE : 11 JANUARY 2024 P.C.:

.

The case of the Petitioner is that he has retired from services after rendering 31 years service. The Petitioner retired from services and the criminal case pursuant to the FIR registered against the Petitioner at Satana Police Station, Nashik is still pending. Petitioner contends that he is entitled for provisional pension, however no steps are being taken.

2.

Learned counsel for the Petitioner and learned AGP points out that order is passed on 19 May 2023 by Respondent No. 2 in Y.S.Patil

2 49-WP-9576-2023.doc Petitioner's favour. If that be the position, it is not enough for Respondent No. 2 to only pass order and not ensure compliance of his own order. It cannot be that the project officer only passes the order for the purpose of record and the party has to approach this Court for enforcement of his order.

3.

We place responsibility on the Project Officer- Respondent No. 2 to take necessary steps to ensure compliance of his own order. We proceed on the basis that the order passed by Respondent No. 2 is not subjected to any challenge by Respondent No. 3 and that it continues to be in force. If Project Officer finds that the Ashram Shala, under his jurisdiction does not comply with his own order, he has all powers in law to enforce such compliance.

4.

Let the necessary compliance be ensured by Respondent No. 2 within a period of 4 weeks from today.

5.

Writ Petition is disposed of.

(M.M.SATHAYE, J.) (NITIN JAMDAR, J.) Y.S.Patil