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Bombay High CourtWP/900/2022disposed off

Vimal Ankush Lamture v. The State Of Maharashtra Thr Its Principal Secretary And Others

2025-10-13Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:28861-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO. 900 OF 2022 VIMAL ANKUSH LAMTURE

VERSUS

THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS ...

Mr. S. K. Mathpati, Advocate for the Petitioner Mr. V. M. Chate, AGP for the Respondent/State Mr. V. M. Vibhute, Advocate for Respondent Nos.4 and 5 CORAM : R. M. JOSHI, J.

DATE : 13th OCTOBER, 2025 P.C. :- 1.

During the course of hearing, this Court has asked the learned Counsel for the Zilla Parishad to seek instructions with regard to treat the period of absence as without pay but continuity of service. Today, on instructions, learned Counsel for the Zilla Parishad makes statement that Zilla Parishad has no objection if the said period is treated as leave without pay, however, not as a break in service. 2.

Learned Counsel for the Petitioner makes statement that the purpose of the filing of this Petition will be fulfilled if the period of absence is not considered as break in service. He, therefore, seeks modification of the order.

3.

In view of the above, following order is passed: (i) The order dated 18/22 October, 2014 (page No. 50) stands 17 WP 900.2022.odt

modified.

(ii) The period of 118 days absence be treated as without pay, however, it will not be treated as break in service of the Petitioner. 4.

Petition is partly allowed in above terms.

(R. M. JOSHI, J.) ssp 17 WP 900.2022.odt