Pramod Vitthalrao Dhani v. State Of Maharashtra Through Its Secretary And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8980 OF 2015 Pramod Vitthalrao Dhani ..Petitioner Vs State of Maharashtra & Anr.

..Respondents Mr. C. K. Bhangoji with Mr. R. K. Mendadkar for Petitioner. Mr. P. P. More - AGP for State.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 17, 2017 P.C. :

In this petition the petitioner is 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 no. 2 to decide the representation dated 4.8.2015 made by the petitioner seeking protection of his services in the light of judgments of the Full Bench of this Hon'ble Court, Bench at Nagpur in the case of Arun Sonene vs. State of Maharashtra reported in 2015 (1) Mh.L.J. 457. (b) That this Hon'ble Court pleased to quash and set aside the order of termination dated 7.6.2002 passed by the Respondent No. 2 with further direction to reinstate the petitioner in the services in the light of judgments of the Full Bench of this Hon'ble Court, Bench at Nagpur in the case of 1/2

skc 2 22-WP-8980-15.sxw Arun Sonene vs. State of Maharashtra reported in 2015(1) Mh.L.J. 457."

2] Undisputedly, the judgment passed by the Full Bench of this Court has 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 No.8928 of 2016 vide judgment dated 6th July,2017.

3] In the circumstances, the reliefs claimed in the petition cannot be granted in favour of the petitioner. As a result, the petition fails and is hereby dismissed.

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