The State Of Mah And ORS v. Arun Digambarrao Kulkarni

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4204 OF 2008 THE STATE OF MAH AND ORS

VERSUS

ARUN DIGAMBARRAO KULKARNI ...

Addl.Govt.Pleader for Petitioners : Mrs.A.V.Gondhalekar AGP for Respondents: Mr.A.S.Deshmukh h/f Mr.R.S.Deshmukh ...

CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL,JJ.

DATE : 09/08/2017 PER COURT :- The present respondent had filed Original Application before the Maharashtra Administrative Tribunal, for appointment on compassionate ground. The father of the respondent was working as a Talathi and while in service, he died. In the Original Application, the Tribunal had passed interim orders, directing the present petitioner, to appoint the present respondent. The said interim order was passed on 16/07/1999 and subsequently modified on 24/11/2000. Pursuant to the said interim order, the respondent is appointed and continuing on the said post. The Original Application as such, was allowed. In the present Writ petition also there was no interim order in favour of the State and the respondent continued in service since 1999. For almost 18 years, the respondent is in service

-2pursuant to the interim order passed by the Tribunal. It would not be appropriate now, to unsettle the said position after the long slumber of 18 years, more particularly when the present petitioner implemented interim order passed by Tribunal, way back in the year 1999.

2] In light of the above, Writ Petition is dismissed. Rule discharged. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/