Dilip Krushna Marathe v. State Of Maharahstra Thr. Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10551 OF 2022 Dilip Krushna Marathe .. Petitioner v/s.

State of Maharashtra through Secretary & Ors.

.. Respondents Mr.C.K. Bhangoji for the petitioner.

Mr. A.A. Alaspurkar, AGP, for the respondent no.1-State. Mr. Abhijit Joshi for respondent nos.2 & 3.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 7TH SEPTEMBER, 2022.

P.C. :

1. Leave to amend is granted to the petitioner to carry out amendment in the cause title of respondent nos.2 & 3 by substituting the word "Transmission" in place of "Distribution". Amendment to be carried out forthwith. Re-verification is dispensed with. Amendment shall also be carried out in the copy supplied to the respondents.

2. Mr. Joshi, the learned counsel for respondent nos.2 & 3, undertakes to file vakalatnama on behalf of his clients, within one Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.09.10 10:59:42 +0530 SANDHYA BHAGU WADHWA 1/3

week from today. Undertaking is accepted.

3. The learned counsel for the petitioner invited our attention to the order passed by this Court on 27 th November, 2020 in Writ Petition (St) no.96262 of 2020 in case of Smt. Tarabai Genu Zade v/s. State of Maharashtra & Ors. and submits that the issue involved in this matter being identical and large number of matters having been transferred to Aurangabad Bench by this Court for hearing and final disposal, this matter be also directed to be transferred to Aurangabad Bench.

4. We have perused the order dated 27 th November, 2020 passed by this Court in the said Writ Petition bearing Stamp No.96262 of 2020. We accordingly pass the following order; (i) Registry is directed to take immediate steps for transferring this matter to the Aurangabad Bench.

(ii) Respondents are directed not to take any coercive action against the petitioner on the basis of Government Resolution dated 21 st December, 2019 and also orders passed by the Appointing Authority putting the petitioner's services as supernumerary / temporary basis for 11 months, for nonsubmission of Caste Validity Certificates, till 21 st October, 2022.

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(iii) Liberty is granted to the petitioner to move before the appropriate bench at Aurangabad for further orders. (KAMAL KHATA, J.) (R.D.DHANUKA, J.) 3/3