Narayan Baburao Lahare v. The State Of Maharashtra Through Its Secretary And Others

9366.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO.9366 OF 2022 NARAYAN BABURAO LAHARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr P. P. Dawalkar, Advocate for petitioner;

Mr S. K. Tambe, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 16th September, 2022 PER COURT:

1.

The petitioner has put forth prayer clauses (B) and (C), which reads as under :- "B] Respondent no. 3 be kindly directed to decide representation dated 20.03.2019 and 03.04.2012 which are pending before him.

C] Any other relief to which the petitioner is deemed entitled in the interest of justice may kindly be granted." 2.

The learned A.G.P. has raised an objection that, this petition cannot be entertained by this Court, in the light of Sections 15 and 3(q) of the Administrative Tribunals Act, 1985, taking into

9366.22wp (2) account that the petitioner is a Class-II Officer of the Government of Maharashtra.

3.

The learned Advocate for the petitioner submits that, the petitioner would file a fresh representation within a period of two weeks and respondent No.3 may decide the same. He would not seek any orders as regards his service conditions. 4.

In view of the above, this petition is disposed off, by directing respondent No.3, to consider the representation of the petitioner, freshly filed by him, and arrive at a decision in accordance with law.

5.

We make it clear that, in future, if the petitioner has any grievance about his service/conditions of service/his employment/ non-employment, he would approach the learned Maharashtra Administrative Tribunal.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk