Ujela Indrajeet Kadajiwale v. The State Of Maharashtra And Others

*1* 17.ca.16181.15 kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16181 OF 2015 IN WRIT PETITION NO. 8884 OF 2013 UJELA INDRAJEET KADAJIWALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shri Biradar R.D.

AGP for Respondent Nos.1 and 2: Shri S.N.Kendre. Advocate for Respondent Nos.4 and 5 : Shri Kadam Kailas A. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 14th December, 2015 Per Court:

The Applicant by this Civil Application desires to add paragraph 7A and prayer clause BB in the petition. The learned Advocate for the Applicant submits that consequential prayer is being put forth and certain subsequent events are narrated in the proposed paragraph 7A.

The learned AGP does not oppose the application.

*2* 17.ca.16181.15 The learned Advocate for Respondent Nos.4 and 5 opposes the application.

I have considered the submissions of the learned Advocates. The prayer seeking unpaid salary is set out in prayer clause BB. In support of the proposed prayer clause, the Applicant has set out the proposed paragraph 7A by which it is sought to be brought on record that the Respondent Management has not paid the salary to the Applicant from 25.07.1994 till the date of termination 20.02.2006 and the said salary is unpaid.

I do not find that the nature of cause of action set out in the petition would be altered if the proposed paragraph and prayer clause is permitted to be brought on record in the petition. In the light of the above, this Civil Application is allowed in terms of prayer clause (A). Amendment be carried out in the Writ Petition on or before 08.01.2016. After the amendment is carried out, the Respondents in the petition are at liberty to file an additional affidavit on or before 22.01.2016.

(RAVINDRA V. GHUGE, J.)