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Bombay High CourtCA/9982/2022disposed off

Zilla Parishad Through Its Chief Executive Officer And Others v. Amir Pasha Gulab Pasha Mulla And Others

2023-01-09Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh6 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10077 OF 2022 CIVIL APPLICATION NO.10045/2022 IN REVIEW APPLICATION (STAMP) NO.16759/2022 CIVIL APPLICATION NO.10044/2022 IN REVIEW APPLICATION (STAMP) NO.16759/2022 CIVIL APPLICATION NO.10047/2022 IN REVIEW APPLICATION (STAMP) NO.16761/2022 CIVIL APPLICATION NO.10046/2022 IN REVIEW APPLICATION (STAMP) NO.16761/2022 CIVIL APPLICATION NO.10037/2022 IN REVIEW APPLICATION (STAMP) NO.16775/2022 CIVIL APPLICATION NO.10036/2022 IN REVIEW APPLICATION (STAMP) NO.16775/2022 CIVIL APPLICATION NO.10052/2022 IN REVIEW APPLICATION (STAMP) NO.16783/2022 CIVIL APPLICATION NO.10051/2022 IN REVIEW APPLICATION (STAMP) NO.16783/2022 CIVIL APPLICATION NO.10048/2022 IN REVIEW APPLICATION (STAMP) NO.16786/2022 CIVIL APPLICATION NO.10049/2022 IN REVIEW APPLICATION (STAMP) NO.16786/2022 CIVIL APPLICATION NO.10069/2022 IN REVIEW APPLICATION (STAMP) NO.16928/2022 CIVIL APPLICATION NO.10067/2022 IN REVIEW APPLICATION (STAMP) NO.16928/2022 CIVIL APPLICATION NO.9975/2022 IN REVIEW APPLICATION (STAMP) NO.16932/2022

*2* CIVIL APPLICATION NO.9974/2022 IN REVIEW APPLICATION (STAMP) NO.16932/2022 CIVIL APPLICATION NO.248/2023 IN REVIEW APPLICATION (STAMP) NO.16931/2022 CIVIL APPLICATION NO.247/2023 IN REVIEW APPLICATION (STAMP) NO.16931/2022 CIVIL APPLICATION NO.246/2023 IN REVIEW APPLICATION (STAMP) NO.16936/2022 CIVIL APPLICATION NO.245/2023 IN REVIEW APPLICATION (STAMP) NO.16936/2022 CIVIL APPLICATION NO.10042/2022 IN REVIEW APPLICATION (STAMP) NO.16941/2022 CIVIL APPLICATION NO.10043/2022 IN REVIEW APPLICATION (STAMP) NO.16941/2022 CIVIL APPLICATION NO.10038/2022 IN REVIEW APPLICATION (STAMP) NO.16940/2022 CIVIL APPLICATION NO.10039/2022 IN CIVIL APPLICATION NO.10038/2022 CIVIL APPLICATION NO.10059/2022 IN REVIEW APPLICATION (STAMP) NO.16947/2022 CIVIL APPLICATION NO.10060/2022 IN REVIEW APPLICATION (STAMP) NO.16947/2022 CIVIL APPLICATION NO.

9979/2022 IN REVIEW APPLICATION (STAMP) NO.16946/2022 CIVIL APPLICATION NO.9978/2022 IN REVIEW APPLICATION (STAMP) NO.16946/2022 CIVIL APPLICATION NO.10050/2022 IN REVIEW APPLICATION (STAMP) NO.16951/2022 CIVIL APPLICATION NO.10040/2022 IN REVIEW APPLICATION (STAMP) NO.

*3* CIVIL APPLICATION NO.9977/2022 IN REVIEW APPLICATION (STAMP) NO.16955/2022 CIVIL APPLICATION NO.10078/2022 IN REVIEW APPLICATION (STAMP) NO.16956/2022 CIVIL APPLICATION NO.9976/2022 IN REVIEW APPLICATION (STAMP) NO.16955/2022 CIVIL APPLICATION NO.9980/2022 IN REVIEW APPLICATION (STAMP) NO.16960/2022 CIVIL APPLICATION NO.9981/2022 IN REVIEW APPLICATION (STAMP) NO.16960/2022 CIVIL APPLICATION NO.243/2023 IN REVIEW APPLICATION (STAMP) NO.16964/2022 CIVIL APPLICATION NO.10064/2022 IN REVIEW APPLICATION (STAMP) NO.16965/2022 CIVIL APPLICATION NO.10062/2022 IN REVIEW APPLICATION (STAMP) NO.16965/2022 CIVIL APPLICATION NO.244/2023 IN REVIEW APPLICATION (STAMP) NO.16964/2022 CIVIL APPLICATION NO.9983/2022 IN REVIEW APPLICATION (STAMP) NO.16970/2022 CIVIL APPLICATION NO.9982/2022 IN REVIEW APPLICATION (STAMP) NO.16970/2022 CIVIL APPLICATION NO.250/2023 IN REVIEW APPLICATION (STAMP) NO.16971/2022 CIVIL APPLICATION NO.249/2023 IN REVIEW APPLICATION (STAMP) NO.16971/2022 ZILLA PARISHAD THROUGH ITS CHIEF EXECUTIVE OFFICER

VERSUS

AMOL MAHADEV MALI AND OTHERS ...

*4* Advocate for the Applicant : Ms.Renge Satyavati S. AGP for the Respondents/State : Shri V.M. Kagne Advocate for the original Petitioners in WP : Shri Pramod A. Kulkarni ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 10th January, 2023 Per Court :- 1.

These Civil Applications for condonation of delay, were heard yesterday. Since the learned advocates representing the Zilla Parishad and the original petitioners, were agreeable to workout the Review Petitions, that an order on the delay condonation applications was not passed yesterday and the matters were only granted a pass-over so as to pass an order today and to hear the review petitions today. 2.

In view of the above, by consent of the parties, the Civil Applications for condonation of delay, are allowed. Delay is condoned.

3.

Both the learned advocates appearing for the respective sides proceeded to address the Court on the merits of the Review Applications. The arguments progressed for more than 45 minutes. Thereafter, when the Court expressed a prima facie view, the learned advocate Shri Pramod A. Kulkarni

*5* suddenly stated that now the original petitioners desire to file a reply to the review.

4.

Such conduct on the part of Adv Kulkarni, is not appreciable. If the original petitioners had desired to file a reply to the review applications, Shri Kulkarni should have expressed this to the Court at the very opening of the matter today. After the hearing progressed for a long time and various orders passed by this Court, at the Nagpur Bench, at the Principal Seat and the order passed by the Honourable Supreme Court, were cited, discussed and considered. It was noticed that the Zilla Parishads/ original respondents in the writ petitions, had never got an opportunity to place any material on record, since all the matters were taken up together on the very first date of hearing and disposed off with the orders granting reliefs to the original petitioners.

It was noticed that the some Zilla Parishads did not receive notices in the matters. Hence, this Court expressed a prima facie view that it would be appropriate to allow the Zilla Parishad to participate in the hearing in the writ petitions and for which, the Review Applications could be allowed only for this purpose.

*6* principles of natural justice demand that the original petitioners should file replies to the review application. 5.

Let the original petitioners file their affidavits in reply to the Review Applications, on or before 10.02.2023. 6.

By consent of the parties, list the Review Applications on 16.02.2023 in the urgent admissions category. 7.

In the meanwhile, the Zilla Parishad as well as the State Government, would ensure that the minimum pay scale, as is admissible to the Ambulance Drivers, in the light of the order of the Honourable Supreme Court dated 23.03.2022, shall be paid to the Ambulance Drivers on month to month basis considering the daily work that they have performed. 8.

Needless to state, in view of the above, the Contempt Petitions would stand adjourned until further orders in the review applications.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)