Bombay High CourtCAN/21/2021ca disposed off

Sunil Shripat Shahare And Others v. Shri Arvindkumar, Addl. Chief And Principal Sec. Rural Development And Water Consevation And Others

2021-02-05Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

911A ca 21-2021.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAN) NO. 21 OF 2021 IN CONTEMPT PETITION NO. 163 OF 2020 IN WRIT PETITION NO. 408 OF 2018(D) Sunil Shirpat Sahare and others Vs.

Shri Arvind Kumar, Additional Chief Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri B.M. Kharkate, Advocate for applicant Shri N.R. Patil, AGP for respondent No.1 Shri Anupsingh Parihar, Advocate for respondent No.2 CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.

DATED :- 05/02/2021 This application is filed seeking recall of the order dated 15/01/2021, thereby issuing bailable warrant against the respondent No.2. The warrant was issued for non appearance and not filing the reply. It is stated in the application that the respondent No.2 is holding two charges, one of Gondia and other of Eknathpur. According to him first part of the order is already complied with. For the reasons stated in the application, we allow the application in terms of the prayer made therein. The order of issuance of bailable warrant dated 15/01/2021 is hereby recalled. Civil application is disposed of.

911A ca 21-2021.odt 2 CONTEMPT PETITION NO. 163 OF 2020 Affidavit in reply is filed on behalf of the respondent No.2. It appears from the documents placed on record along with the reply that on 22/10/2020 the first part of the order was complied with by regularizing services of the petitioner on the posts of Junior Assistant in the pay band of Rs. 5200-20200 with grade pay of Rs.1900/-. After the regularization, for payment of arrears of their dues, a proposal is forwarded on 19/01/2021 to the Deputy Secretary, Rural Development Department, Mantralaya, Mumbai.

The sanction to the said proposal is awaited. The learned Assistant Government Pleader seeks time to take instructions as to within how much time the said arrears will be cleared. Stand over three weeks.

JUDGE JUDGE J.Pethe..