Wamanrao Kishanrao Waghmare v. The State Of Maharashtra And Others

53 wp.6940.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 6940 OF 2013 WAMANRAO KISHANRAO WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S.K.Patil AGP for Respondents: Mrs.S.A.Dhumal.

Advocate for Respondent No.3 : Mr. Bora Satyajit S. ...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

02nd March, 2015.

P.C.:

.

Mr.Patil, learned counsel submits that the Petitioner had filed a revision on 9th October, 2006, against the order reducing the pay scale of the Petitioner (Exhibit - 'E'). The said revision is not yet decided. Learned AGP, on instructions, submits that during the fire, the record was burnt. As such, the said record is not available. The Petitioner may file a fresh revision, which would be considered by the Authorities.

Mr.Patil, learned counsel further submits that the order impugned is per-se illegal.

In view of the fact that the Petitioner has an alternate remedy in revision, we are not entering into the contentions raised by the learned counsel for the parties.

Considering the above, we pass the following order:

53 wp.6940.13.odt I.

The Petitioner may file file a fresh revision against the order dated 26th July, 2006 (Exhibit - 'E').

II.

On revision being filed, the Respondent - Authority shall decide the said revision, on its own merits, in accordance with law, expeditiously, preferably within three months from the date of receipt of the revision. III.

In case, the said revision is filed within four weeks from today, the question of limitation would not arise. IV.

All contentions of the learned counsel for the parties are kept open.

V.

Accordingly, the writ petition is disposed of. No costs.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm