Machindra Maruti Mane v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:4072-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 1753 OF 2024 MACHINDRA MARUTI MANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.Hanumant P.Jadhav, Advocate for the Petitioner. Mr.S.B.Narwade, AGP for Respondent Nos. 1 to 3. ( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.) DATE : FEBRUARY 22, 2024 PER COURT :

1.

In this Petition, an interlocutory order passed by the Maharashtra Administrative Tribunal, Bench at Aurangabad, dated 06.02.2024, is assailed.

2.

We have considered the submissions of the learned Advocates for the respective sides.

3.

The Petitioner is apparently age barred. Can the Petitioner be considered for relaxation of the age barrier, will have to be looked khs/Feb.2024/1753

- 2 - into by the learned Tribunal. In the interlocutory order before us, the Tribunal has already observed that, "it is made clear that in the meanwhile if the promotions are effected on the post of Peon, those promotions shall be subject to the outcome of the present litigation.". It is further concluded by the Tribunal that, 'the hearing in the matter would be taken up for final disposal at once and hence a separate notice for final disposal has not been issued'. The matter is now scheduled on 29.02.2024 before the learned Tribunal, for a final hearing.

4.

Considering the fact and circumstances as recorded above and since this Court would loathe in interfering with interlocutory orders, more so when an equitable order has been passed, this Petition is disposed off. The parties are at liberty to address the learned Tribunal on 29.02.2024. Written notes of final arguments can also be filed by the parties.

( R.M.JOSHI, J. ) ( RAVINDRA V. GHUGE, J.) khs/Feb.2024/1753