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Bombay High CourtWP/4630/2018disposed offdismissed for default

Keruji Dashrath Khaire v. The State Of Maharashtra And Another

2018-06-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4630 OF 2018 Keruji Dashrath Khaire .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri D. R. Jayabhar h/f Shri Layak S. Shaikh, Advocate for the Petitioner.

Shri K. N. Lokhande, A.G.P. for Respondent / State. CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE : 26 th June, 2018 PER COURT :

1.

Mr. Jayabhar, learned counsel submits that the petitioner was working as a Lineman with respondent no. 2. The respondent deducted the amount from the salary without obtaining consent of the petitioner. The petitioner was also not given the benefit from the year 1987 to 1996 because of which proper pension is not fixed. The learned counsel submits that the petitioner stood retired in September - 2004.

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We have heard the learned Assistant Government Pleader. 3.

The petitioner had also filed writ petition bearing no. 5232 of 1998 concerning the same relief about the deductions being made from the salary. The said writ petition is dismissed as withdrawn. The petitioner had not prosecuted any other alternate remedy. The petitioner stood retired in September - 2004. In view of the fact that earlier writ petition stood dismissed as withdrawn with regard to the same grievance of the deductions being made for the earlier period, the present petition also cannot be considered. In addition the petition is filed after inordinate delay.

4.

In the view of above, writ petition is dismissed. No costs. [SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe