Deepak Dhanajirao Suranje And Others v. State Of Maharashtra And Others

916-ca-3771-2021.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.3771 OF 2021 IN WP/5584/2012 DEEPAK DHANAJIRAO SURANJE AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Solanke Shrikrashna B. AGP for Respondents : Mrs. V.S. Choudhari Advocate for Respondent Nos.4 & 5 : Mr. S.S. Tope Advocate for Respondent No.7 : Mr. U.B. Bondar Advocate for Respondent No.8 : Ms. V.S. Choudhari ...

CORAM : UJJAL BHUYAN & M.G. SEWLIKAR, JJ.

DATED : 19th MARCH, 2021 PER COURT:- .

Heard learned counsel for the parties.

2.

By way of this civil application, a prayer has been made by the applicants for correcting the name of applicant no.3 in the judgment and order dated 28.02.2020 passed in Writ Petition No.5584 of 2012. 3.

Be it stated that the applicants were original petitioners in Writ Petition No.5584 of 2012, which was disposed of vide order dated 28.02.2020 by holding that writ petitioners would be governed by the Old Pension Scheme of 1982 and not by the DCPS scheme. However, in the cause title of Writ Petition No.5584 of 2012, name of applicant (petitioner) no.3 was described as under:

"Rishikesh s/o Gunderao Borde Age: 29 years, Occu: Service as Assistant Teacher presently working with Zilla Parishad Primary School,

916-ca-3771-2021.odt (2) Merkheda, Post. Kedarkheda, Tal. Bhokardan, District Jalna."

4.

It is submitted that the correct particulars of applicant (petitioner) no.3 is as under:

"Rishikesh s/o Gunderao Barde Age: 38 years, Occu: Service as Assistant Teacher presently working with Zilla Parishad Primary School, Thadi Savargaon, Tal. Degloor, Dist. Nanded."

5.

Though we have informed learned counsel for the applicants that there has been delay and laches on the part of applicant no.3 in making the prayer for correction of particulars, however, taking an over all view of the matter and in the interest of justice we allow the prayer made. 6.

Accordingly, particulars of applicant (petitioner) no.3 be corrected in the cause title of Writ Petition No.5584 of 2012 disposed of on 28.02.2020 as well as in the order dated 28.02.2020 as per paragraph 4 above.

7.

Civil application is accordingly allowed and disposed of. [M.G. SEWLIKAR, J.] [UJJAL BHUYAN, J.] Mujaheed//