Narendra Haribhau Rathod v. The State Of Maharashtra Through Its Secretary And Others

*1* 929ca15664o22group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15664 OF 2022 IN WP/7901/2022 NARENDRA HARIBHAU RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND CIVIL APPLICATION NO.15665 OF 2022 IN WRIT PETITION NO.7866 OF 2022 JYOTI PANDIT SHIRTURE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Applicants : Shri Pramod Gaikwad i/by Shri Talhar Ajay G.

AGP for the Respondents/State : Shri S.G. Karlekar Advocate for Respondents 5 and 6 : Ms.Nayana Patil i/by Ms.Surekha Mahajan Advocate for Respondents 7 and 8 : Shri Maheshkumar Sonawane Advocate for Respondents 2 and 3 : Shri A.M. Reddy i/by Shri B.S. Deshmukh ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 06th April, 2023 Per Court :- 1.

Undisputedly, the Applicants are the terminated

*2* 929ca15664o22group employees. Prayer is that they should be granted regular monthly salary w.e.f. August, 2022.

2.

The Writ Petitions preferred by the Applicants/ Petitioners challenging the termination of their services, are pending adjudication. The matters are yet to be admitted. 3.

As such, when employees are terminated from employment, unless the termination is quashed and set aside, there cannot be an interim order of directing the payment of monthly salary. Both these Civil Applications are misconceived and are, therefore, rejected.

4.

List the Writ Petitions for passing orders on maintainability on 13.04.2023, in the light of the judgments in Suryakant Panchal vs. Vasantrao Naik Vimukta Jati and others, 2002 (3) Mh.L.J. 699 and Latika Mane vs. State of Maharashtra, 2013 (4) Mh.L.J. 244.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)