Surekha Kashinath Margane And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9901 OF 2014 WITH CIVIL APPLICATION NO. 4473 OF 2024 IN WRIT PETITION NO. 9901 OF 2014 Surekha Kashinath Margane and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri V. D. Gunale, Advocate for the Petitioners. Shri R. S. Wani, A.G.P. for the Respondent Nos. 1 to 4. Shri A. V. Hon, Advocate for the Respondent No. 5. Shri A. V. Indrale Patil, Advocate for the Respondent No. 6. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 18 JULY, 2024.

ORDER :

.

We have heard both the sides.

2.

This is a petition whereby all the petitioners have been claiming absorption and continuity of service. 3.

By way of this civil application, it is now being informed that the petitioner No. 4/Smt. Mangal Sheshrao Bhosale is no more and her children who have obtained heirship certificate under Bombay Regulation VIII of 1827 are seeking to come on

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4.

Though since it is a matter of absorption and continuity in the employment, allowing the legal representatives of the petitioner No. 4 to come on record would not suffice. Sensing this, learned advocate for the applicants/petitioners seeks leave even to amend the petition so as to include prayer in respect of the rights of these heirs in the form of monetary benefis. 5.

The civil application is allowed. The legal heirs of the deceased petitioner No. 4/Mangal Sheshrao Bhosale are allowed to be brought on record as prayed for.

6.

Leave is granted to amend the petition. Amendment to be carried out within a period of three (03) weeks from today. 7.

The respondents shall be at liberty to file additional reply, if they intend to do so. If the amendment is carried out place the petition for admission hearing on 14.08.2024. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24