Rajesh Mohanlal Shriwastav v. The State Of Maharashtra Through Secretary And Others

wp3505.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 3505 OF 2016 Rajesh s/o Mohanlal Shriwastav .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.M. Vibhute, advocate for petitioner.

Mr. M.B. Bharaswadkar, AGP for the State.

===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 7th JULY, 2016.

PER COURT :

1.

Petitioner is praying for grant of protection in employment in view of judgment delivered by Full Bench of this Court in the matter Arun s/o Vishwanath Sonone Vs. State of Maharashtra and others reported in 2015(1) Mh.L.J. 457.

2.

We have heard arguments advanced by learned counsel for petitioner as well as learned AGP for the State. Considering the facts and circumstances of this case, we are not inclined to grant protection in employment as requested by petitioner and his request in that regard stands rejected.

3.

According to petitioner, he has put in about 21 years of service and is eligible to apply for voluntary retirement. Since petitioner has put in about

wp3505.16.doc 21 years of service, we permit him to tender an application for voluntary retirement. If petitioner tenders such application within a period of 15 days from today, respondent authorities shall consider the same in accordance with the relevant regulations and extend benefit of voluntary retirement to petitioner. Application tendered by petitioner shall not be rejected merely on the ground that validation claim of petitioner has been turned down. 4.

With directions as above, writ petition stands disposed of. ( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb