Neeta Dinkar Vaity v. State Of Maharashtra Thr Its Secretary And ANR

4-WP-11437-2022 jvs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11437 OF 2022 Neeta Dinkar Vaity } Petitioner versus State of Maharashtra & Anr. } Respondents Mr. K. N. Kandekar for the petitioner.

Mr. P. P. Kakade, Government Pleader with Ms. R. A. Salunkhe, AGP for respondent no. 1 (State).

Mr. Rakesh Singh i/b. M. V. Kini and Co. for respondent no. 2.

CORAM: DIPANKAR DATTA, CJ. & MADHAV J. JAMDAR, J.

DATE : OCTOBER 14, 2022 P.C.:

1.

We had commenced hearing of this writ petition in the first session and had posted it for further hearing in the second session. At the start of the second session, Mr. Mendadkar, learned advocate appears and submits that more than 1500 matters, involving similar issue as the present writ petition, were scheduled to be heard today by a Division Bench presided over by Justice R. V. Ghuge at the Aurangabad Bench of this Court, but a notice had earlier been issued by the Registrar (Judicial) on 12th October 2022 that all such matters of "supernumerary posts" would now be posted for hearing on 18th November 2022 at 2.30 p.m.

4-WP-11437-2022 2.

In view of such notice having been published and the instant writ petition being related to the matters before the Aurangabad Bench, we consider it appropriate to adjourn hearing of this writ petition and direct that the same shall also be heard along with the matters which are due to be listed now on 18th November 2022 before the Aurangabad Bench.

3.

Registry is directed to transmit the records of this writ petition to the Aurangabad Bench for being heard along with other matters, as expeditiously as possible. 4.

Mr. Singh, learned advocate for the respondent no. 2 has submitted that recovery of loan, which the petitioner had obtained but not repaid, has been commenced and it is not true that recovery is being made from his salary for any other purpose.

5.

In view of such statement, no interim relief is warranted at this stage. The petitioner shall be at liberty to pray for interim relief before the Aurangabad Bench, if occasion therefor arises.

6.

Reply affidavit has been filed by Ms. Salunkhe, learned AGP for the respondent no. 1 (State). The same shall be retained with the records.

SALUNKE J V (MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) by SALUNKE J V Date: 2022.10.14 18:26:06 +0530