Mayur Jalinder Yerdavkar And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2024:BHC-AUG:15970-DB 909-WP-7778-2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 7778 OF 2024 MAYUR JALINDER YERDAVKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....
Mr. S. S. Dambe, Advocate for Petitioners Mr. B. M. Dhanure, AGP for Respondent - State Mr. Rahul Pawar, Advocate h/f Mr. N. N. Desale, Advocate for Zilla Parishad, Dhule ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 25.07.2024 PER COURT :- 1.
Leave to correct the description of Respondent No.5. Description be corrected forthwith. Shri Desale, the learned Advocate appears on behalf of the Zilla Parishad, Dhule. 2.
All the learned Advocates are united in submitting that this Petition would be covered by the order dated 21.06.2024, passed by this Court in a large group of cases (Writ Petition No.5505 of 2024 and the group of cases).
(( 2 )) 909-WP-7778-2024 3.
In the said order dated 21.06.2024, we had issued certain directions below paragraph 7, which read as under:- "7.
In view of the above, all these Petitions are partly allowed. The impugned notices / orders of termination, stand quashed and set aside with the following directions:- (a) The Competent Committee, as prescribed in clause 10, would issue notices to the persons whose names are mentioned in the SIT report or those persons who are noticed by the respective Zilla Parishads, to be ineligible for appointment as per the conclusions of the SIT report, irrespective whether their name has or has not appeared in the report directly, so as to be heard by the Committee in pursuance to such notice of hearing.
(b) The Petitioners would appear before the Committee in terms of the notices received by them. We permit such individuals to tender their written submissions, if desired. (c) After such hearing is concluded, the Committee shall refer to the material available with reference to the individual employees and their written submissions/material placed before the Committee by such employees and draw an appropriate conclusion. Thereafter, the Committee shall issue appropriate orders. If any person is aggrieved by such order, he/she would be at liberty avail of a remedy as is permissible in law. (d) Since the impugned orders are set aside, those candidates/Petitioners who have been terminated from service, shall be deemed to be reinstated with continuity along with back-wages.
(e) Considering the request of all the litigating parties before us, this exercise should be completed expeditiously or within 180 days, to be computed with effect from
(( 3 )) 909-WP-7778-2024 01.07.2024, since the Petitioners are also suffering anxiety and rigors of litigation.
(f) The Petitioners assure us that they would render whole hearted cooperation and would not make attempts to delay the matter as they are also interested in an early resolution of this issue.
(g) In the event, the Committee or the State Authorities find that they are short of time, they are at liberty to move an application through the office of the Government Pleader, for seeking extension."
4.
In view of the above, this Writ Petition is partly allowed. The impugned notice/order of termination stands quashed and set aside with the directions that are set out in paragraph 7 reproduced herein above.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS