The State Of Maharashtra And Others v. Namdeo Rambhau Kasale

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12776 OF 2017 (The State of Maharashtra and others Vs.Namdeo Rambhau Kasale) WITH REVIEW APPLICATION STAMP NO.20603 OF 2017 IN WRIT PETITION NO.1801 OF 1998 Mr.N.T.Bhagat, AGP for the applicant.

Mr.A.R.Tapse h/f Mr.P.D.Suryawanshi, Advocate for the respondent. ( CORAM : Ravindra V.Ghuge, J.) DATE : 13/10/2017 PER COURT :

1.

Learned AGP on behalf of the applicants submits that the delay of 80 days is a small delay and cannot be termed as being an inordinate delay. He submits that if the review application is taken up for hearing, he is ready with matter.

2.

Learned Advocate for the respondent/workman does not oppose the condonation of delay. The civil application is, therefore, allowed and the delay is condoned.

3.

In so far as the review application is concerned, the learned AGP submits that this Court had issued directions to the applicants vide judgment dated 02/05/2017 in WP No.1801/1998. He, however, khs/OCT. 2017/12776-d

submits that before the direction of this Court to send the proposal of the workman for regularization could be complied with, the said workman was already regularized in service and has subsequently retired. He, therefore, prays that the direction to send the proposal be recalled.

4.

Considering the above, it is obvious that this Court had directed the applicants to send the proposal for regularization. Once the regularization has occurred, the issue of sending the proposal does not survive.

5.

With these observations, the review application is, therefore, disposed of.

( Ravindra V.Ghuge, J.) khs/OCT. 2017/12776-d