Narayan Krushnaji Dhumal v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:1556-DB *1* 17wp14533o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO. 14533 OF 2023 NARAYAN KRUSHNAJI DHUMAL

VERSUS

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

Advocate for the Petitioner : Mr.V.G. Kodale i/by Mr. V.D. Gunale AGP for Respondent 1/State : Mr. S.K. Tambe Advocate for Respondents 2 and 3 : Mr. P.R. Tandale ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 22nd January, 2024 Per Court :- 1.

The Petitioner, by this petition filed after 15 years of his retirement, seeks benefits for the temporary work performed on the post of Extension Officer (Statistic), Class 3, Grade-II, from 17.01.1986.

2.

The petition filed after 15 years of retirement and after 37 years of the cause of action, cannot be entertained. 3.

The learned Advocate for the Zilla Parishad points out the judgment delivered by this Court dated 19.03.2004 in Writ Petition No.2502/1996 (Siddique Mohammed Kaisar and

*2* 17wp14533o23 others vs. The State of Maharashtra and others) to indicate that the remedy available is the Divisional Commissioner. 4.

The learned Advocate for the Petitioner submits that he would approach the Divisional Commissioner. 5.

The learned Advocate for the Zilla Parishad submits that after 37-38 years, the records may not be available and it would be a futile exercise to reopen an issue which is 37 years old.

6.

Since the Petitioner contends that he would move an application to the Divisional Commissioner, this Writ Petition is disposed off.

7.

We make it clear that we have not expressed any view as regards the claim of the Petitioner and all contentions of all the parties are kept open, on delay, laches and the limitation period, if any.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)