Kanta Shrirang Dange v. The Chief Executive Officer Zilla Parishad Nanded And Others

1 CA 9244/2018 & 9239/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.9244 of 2018 In Writ Petition No.6481 of 2016 Rajashree d/o Madhavrao Chole. .. Applicant.

Versus

The State of Maharashtra & Ors. .. Respondents. ---- Shri. Vijay A. Dhakne, Advocate, for applicant. Shri. S.J. Salgare, Assistant Government Pleader, for respondent Nos.1 and 2.

Shri. S.B. Pulkundwar, Advocate, for respondent Nos.3 and 4.

---- With Civil Application No.9239 of 2018 In Writ Petition No.7009 of 2016 Kanta w/o Shrirang Dange.

.. Applicant.

Versus

The State of Maharashtra & Ors. .. Respondents. ---- Shri. Vijay A. Dhakne, Advocate, for applicant. Shri. S.B. Pulkundwar, Advocate, for respondent No.1. Shri. S.J. Salgare, Assistant Government Pleader, for respondent Nos.2 and 3.

----- Coram: T.V. NALAWADE & SANGITRAO S PATIL, JJ.

Date: 9 AUGUST 2018

2 CA 9244/2018 & 9239/2018 ORDER:

1) Both the applications are filed for modification of the order made against the applicants, petitioners in Writ Petition Nos.6481/2016 and 7009/2016. This Court had directed the applicants to pay cost of Rs.15,000/- each to the Zilla Parishad as this Court had formed opinion that even when there was order of transfer the applicants had not joined the new station and they were misusing the process of law.

2) In the present proceedings it is the contention of the applicants that immediately after the transfer i.e. on 4-6-2016 the applicants had joined their new posting. Learned counsel for Zilla Parishad admits that they had joined the new posting within the prescribed time. In view of these circumstances the orders made against the applicants are modified and the direction given to them to pay Rs.15,000/- by each of them is recalled. The proceedings are disposed of.

Sd/- Sd/- (SANGITRAO S PATIL, J.) (T.V. NALAWADE, J.) rsl