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Bombay High CourtWP/6978/2018disposed offdismissed for default

The State Of Maharashtra Through The Secretary Water Supplly And Sanitation Department And Otehrs v. Pradeep Digambar Ikhe

2018-10-25Hon'Ble Shri Justice Manish Pitale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO.6978 OF 2018 The State of Maharashtra & ors.

Petitioners

VERSUS

Pradeep Digambar Ikhe Respondent ...

Mr. S.S. Dande, AGP for the petitioners ...

CORAM : MANISH PITALE, J.

DATE : 25th OCTOBER, 2018 PER COURT :

Heard Mr. S.S. Dande, learned AGP appearing on behalf of the petitioners. By this writ petition the petitioner/State and its instrumentalities have challenged Judgment and order dated 17.12.2013 passed by the Industrial Court at Ahmednagar in ULP No.32/2012. By the said impugned order the Industrial Court has directed petitioners to grant time bound promotion to the respondent. This writ petition has been filed on 05.05.2018 i.e. after about five years of

WP_6978_2018 passing of the impugned Judgment and order. In paragraph No.5 of the writ petition it is stated that the petitioners have already granted the benefits of the time bound promotions to the respondent in terms of the impugned Judgment and order.

2.

The delay of almost five years in challenging the impugned order is sought to be explained by the petitioners stating that the proposal to file the writ petition was moved but the file pertaining to the present case could not be traced for a long period of time. The explanation given about delay about 5 years in writ petition is not convincing at all. Apart from the said fact, it has come on record that the respondent has been already granted relief in terms of the impugned Judgment and order.

3.

Considering the above facts and circumstances I am of the opinion that the petitioners do not deserve exercise of writ

WP_6978_2018 jurisdiction in their favour. Hence, present writ petition is dismissed.

[MANISH PITALE, J.] Donge/-