Pradip S/O Ghanshyam Meshram v. The Govt. Of India, Ministry Of Human Resource Development, New Delhi Thr. Secretary And Another

1 wp2306.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2306/2017 Pradip S/o Ghanshyam Meshram ..V/s..

The Government of India and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Marpakwar, Advocate for the petitioner. Smt. Sushma, Central Govt. Standing Counsel for respondent No.1. Shri Anand Parchure, Advocate for respondent No.2. CORAM : RAVINDRA V. GHUGE & S.M. MODAK, JJ.

DATED : 12.2.2020.

1] We have heard the learned Advocates for the respective sides and have perused the petition paper book with their assistance. We have also perused our earlier order dated 11.12.2019 and in the light of the said order, we have scrutinized the communication dated 6.2.2020 made by the Director, Visvesvaraya National Institute of Technology to the petitioner.

2] We find that respondent No.2 has forwarded certain documents to the Ministry of Human Resource Development and have called for specific clarifications / guidance as to whether two documents mentioned at serial Nos.1 and 2 under Clause (5), would entitle the petitioner for benefits of the ACP Scheme, with retrospective effect from 22.12.2001.

3] In view of the above, this petition is disposed off with the following directions which shall be complied

2 wp2306.17 with by the concerned parties and no extension shall be sought:- (a) The Ministry of Human Resource Development - respondent No.1, shall specifically place before respondent No.2, it's response in view of the communication dated 6.2.2020, on or before 29.2.2020. (b) After receiving the said response, respondent No.2 shall decide the claim of the petitioner and shall pass a reasoned order on or before 21.3.2020. If found appropriate, respondent No.2 shall intimate the petitioner and invite him for a personal hearing. (c) The petitioner tenders his E-mail ID pgmeshram2013@gmail.com and his cellular number 9158998784 and agrees to participate in the proceedings if he is issued with notice by E-Mail or Whats App message.

(d) After respondent No.2 passes an order on or before 21.3.2020 and if the petitioner is aggrieved by the said order, he would be at liberty to take recourse to a remedy as is permissible in law and the disposal of this petition shall not be an impediment.

(S.M. MODAK, J.) (RAVINDRA V. GHUGE, J.) Tambaskar.