Trimbak Shankarrao Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO.6201/2016 Trimbak Shankarrao Patil, age 38 years, Occu. Service, r/o Hottal, Tq. Degloor, Dist. Nanded.

... PETITIONER.

VERSUS

1.

The State of Maharshtra, through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai 400032.

2.

The Chief Executive Officer, Zilla Parishad, Nanded.

3.

The Education Officer (Primary), Zilla Parishad, Nanded.

4.

The Block Development Officer, Degrloor, Tq. Degloor, Dist. Nanded.

... RESPONDENTS.

...

Advocate for Petitioner : Mr.V.D. Salunke h/f Mr.Nimbalkar A.A.

AGP for Respondents/State : Mr.P.N. Kutti.

Advocate for Respondents 2 to 4 : Mr.S.B.

Pulkundwar.

...

CORAM: S.S.SHINDE & V.K. JADHAV, JJ.

Dated: JULY 12, 2016.

ORAL JUDGMENT: (PER SHINDE,J) Rule, returnable forthwith. By consent of the

parties, taken up for final hearing.

2.

Heard the learned Counsel for the parties, perused the pleadings in the petition and the annexures thereto and in particular, the contents of the affidavit filed by the petitioner and the certificate at Exh.A thereto. Perusal of the said certificate shows that the same has been issued by the competent authority. The disability of the petitioner has been shown up to 40% approximately. It is not in dispute that the Zilla Parishad has extended some benefits to the petitioner treating him in the handicapped category.

2.

In that view of the matter, we direct the Chief Executive Officer, Zilla Parishad, Nanded to examine the case of the petitioner within the purview of the policy and retain him at the same place where where he is working. The petitioner need not submit fresh certificate and the respondent - Chief Executive Officer, Zilla Parishad, Nanded shall act on the basis of the original copy of the said certificate at Exh.A to the affidavit filed by the petitioner, as and when it is produced. The petitioner to produce the original certificate before the Chief Executive Officer, Zilla Parishad, Nanded for perusal.

3.

In the light of the discussion herein above, the order dated 3rd June, 2016 issued by the

respondent - Zilla Parishad, Nanded stands quashed and set aside. The petition is allowed in terms of prayer clauses (A) and (B) and stands disposed of. Rule made absolute in the above terms with no order as to costs.

(V.K. JADHAV, J) (S.S. SHINDE, J) kadam/