Kamal Bhiwaji Khandagle v. The State Of Maharashtra Through Maharashtra State Commission For Sc And St And Another

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 992 CIVIL APPLICATION NO.16479 OF 2022 IN WP/397/2019 KAMAL BHIWAJI KHANDAGLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH MAHARASHTRA STATE COMMISSION FOR SC AND ST AND ANOTHER Ms.Neha B.Kamble, Advocate for the applicant. Mr.S.G.Sangle, AGP for the respondent / State. ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : DECEMBER 09, 2022 PER COURT :

1.

Copies are served on the respondents. None appears for respondent No.2.

2.

The petitioner / applicant desires to amend the petition in the light of subsequent events, more particularly after this Court passed an order on 15.01.2019. Certain workers have been paid higher benefits. The petitioner, therefore, desires to claim parity. The issue as to whether the petitioner has been appointed under a scheme as contended by the State in the affidavit in reply filed, also needs to be khs/Dec.2022/16479

- 2 - looked into. Hence the proposed amendment, as set out in the civil application. The learned AGP opposes the application. 3.

We do not find that the cause of action is altered by the amendment. Since the respondents have an opportunity of filing additional affidavits in reply to meet the contents of the amendment and since the proposed amendment pertains to the events that have subsequently occurred during the pendency of the petition before this Court, that this civil application is allowed. 4.

The amendment be carried out and a freshly typed copy of the amended petition memo be tendered in the Court on or before 10.01.2023.

( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2022/16479