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Bombay High CourtWP/1069/2019dismissed

Shri Sanjay Lamanrao Kanoje v. Union Of India,Through The Secretary To The Government Of India Ministy Of Defence, New Delhi And

2025-02-07Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:1276-DB 1 953.wp.1069.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1069/2019 Shri Sanjay Laxman Kanoje Vs. Union of India and Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Akshaya Sudame, Advocate for Petitioner.

Ms M. R. Chandurkar, Advocate for Respondent Nos.1 to 4. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 07/02/2025.

.

Heard.

2.

The issue involved in the present petition is informed to be similar to that of the one decided at Principal Seat in Writ Petition Nos.801/2017, Writ Petition (St.)Nos.1766/2017 and 1769/2017. The aforesaid writ petitions were decided on February 5, 2024 and we are informed that a Special Leave to Appeal was preferred by the petitioners and they suffered an order of dismissal before the Hon'ble Apex Court in Special Leave to Appeal (C) No.4198 - 4200/2024 (Deepak Harichandra Gawale and Anr. Vs. Union of India and Ors.) 3.

Our attention is invited to the impugned order passed in the said proceedings whereby the stay is ordered to the operation of the order dated October 21/24, 2014. As a sequel of this interim order passed by the Hon'ble Apex Court, the services of the petitioner in the said S.L.P got disturbed viz. the reversion has not taken effect. 4.

As such, it is prayed that either the hearing of the petition be deferred or the petition be disposed of with

2 953.wp.1069.19 an observation that the grievance of the petitioner shall be governed by the outcome of the decision in the aforesaid Special Leave Petition.

5.

Since the entire factual matrix and the issue which fell for adjudication is identical to the one which is involved and canvassed by the Hon'ble Apex Court in the above referred S.L.P., the learned Counsel appearing for the respondents has not disputed that further claim of the petitioner shall be governed by the order as shall be passed in the aforesaid S.L.P.

6.

That being so, we deem it appropriate to dismiss the writ petition.

7.

However, we make it clear that until the orders of the Hon'ble Apex Court are passed in the S.L.P. concerning similarly placed appellants, the petitioner be not reverted and all the benefits as shall be conferred by the Hon'ble Apex Court in the aforesaid S.L.P. shall also be extended in the case of the petitioner.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule