Anant Shankarrao Natewad And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10486 OF 2016 1.

Anant s/o Shankarrao Natewad, Age : 55 years, Occu. At present Nil, R/o Pavan Nagar, Taroda (Kh.), Taluka and District Nanded 2.

Gopalrao s/o Laxmanrao Pawar, Age : 54 years, Occu. At present Nil, R/o Deshpande Colony, Balaji Nagar, Tq. Bhokar, District Nanded 3.

Pandit s/o Digambar Menthe, Age : 52 years, Occu. At present Nil, R/o Dattanagar, Nanded Tq. and District Nanded 4.

Shankar s/o Dhondiba Pattkurwar, Age : 52 years, Occ.: At present Nil, R/o. Umari, Tq. Umari, District Nanded ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Co-operative & Textile Department, Mantralaya Mumbai - 32 2.

The Commissioner and Registrar, Co-operative Society, Maharashtra State, Pune 3.

District Deputy Registrar, Cooperative Society, Nanded, Dist. Nanded

wp10486-2016 4.

Manager, Nanded District Co-operative, Agricultural & Rural Multipurpose, (Land Development) Bank Ltd.

Nanded 4.

Liquidator, Nanded District Co-operative, Agricultural & Rural Multipurpose, (Land Development) Bank Ltd. Nanded Tq. & District Nanded ..RESPONDENTS ---- Mr. Ashish B. Shinde, Advocate for the Petitioners Mr. A.R. Kale, A.G.P. for the respondent nos.1 to 3 None appeared for respondent Nos.4 and 5, though served. ---- CORAM :

T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : 23rd FEBRUARY, 2017 ORAL JUDGMENT (PER : T.V. NALAWADE, J.) :

Rule, returnable forthwith. With the consent of the learned counsel for the petitioners and the learned A.G.P., heard finally.

2.

The submissions made would show that when similarly situated employees of the same Bank had filed proceedings in this Court and also at Nagpur Bench, the orders were passed in their favour in view of the Government Resolution, issued by the Department of Cooperation, Government of Maharashtra, dated 24th July,

wp10486-2016 2015. (In Writ Petition No.4749 of 2016 at Aurangabad Bench between Imran Usman Shaikh and others Vs. The State of Maharashtra and others). As the employees are similarly placed, the order relieving them of the services cannot be in contravention of the aforesaid Government Resolution. In the circumstances, we pass the following order :- (i) The respondents are hereby directed to continue the services of the petitioners as were in the employment on 24.7.2015 and to deal with their services, as stipulated therein.

(ii) It is open to the respondents to take appropriate policy decision in this respect or to modify the policy decision already taken, in accordance with law.

(iii) Rule is made absolute in the above terms. The Writ Petition stands disposed of accordingly. [SANGITRAO S. PATIL] [T.V. NALAWADE] JUDGE JUDGE npj/wp10486-2016