Bhimashankar S/O Sidaram Katke v. State Of Maharashtra Through Principal Secretary And ORS

904.wp.8919.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8919 OF 2015 Bhimashankar s/o Sidaram Katke

...Petitioner

vs State of Maharashtra through Principal

...Respondents

Secretary & Ors.

.....

Mr Mahesh H. Chandanshiv for the Petitioner Mrs M.S.Bane, 'B' Panel Counsel for Respondent No.1 - State. Ms Gauri Godse, for Respondent Nos.2 and 3.

.....

CORAM : S.C.DHARMADHIKARI, B.P.COLABAWALLA, JJ.

8 SEPTEMBER, 2016 P.C. :

Heard both sides. We do not think the third petition on the same cause of action can be entertained. The Petitioner has very clearly stated that in earlier litigation, he challenged the termination order dated 24 June, 2004. That Writ Petition No.3438 of 2004 was dismissed. Against that order, Special Leave Petition was preferred in the Hon'ble Supreme Court. That was dismissed on 10 September, 2004. The Petitioner has now filed third petition and claim benefits on the basis that he was confirmed in service and is thus a permanent employee. We do not think that the same grievance that Pg 1 of 2

904.wp.8919.2015.doc the Petitioner having worked for 15 years, would not have been treated as temporary or probationer but is permanent or confirmed in service, can be raised again and again.

The Writ Petition is devoid of merits and is dismissed. ( B.P.COLABAWALLA J.) ( S.C.DHARMADHIKARI J. ) Pg 2 of 2