The State Of Maharashtra Thr. Secretary, Dept Of Home Mantralaya, Mumbai And Another v. Gajanan Vitthal Palkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2568/2016 (The State of Maharashtra through its Secretary, Department of Home, Mantralaya, Mumbai and anr. ..vs.. Gajanan Vitthal Paikar) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. D. P. Thakare, Addl. G. P. for petitioners. Mr. P. V. Shiralkar, Advocate for respondent. CORAM : B. R. GAVAI AND V. M. DESHPANDE, JJ. DATE :
OCTOBER 7, 2016.
The petition is filed by the State Government challenging the order passed by learned Tribunal on 18.06.2015 vide which the Original Application of the respondent has been allowed and the respondent has been directed to give benefits to the respondent as per the Government Resolution dated 11.01.2010.
The Tribunal after considering the material placed on record, came to the conclusion that the applicant was working in the Naxal infested area of Gadchiroli district as Assistant Sub Inspector and was working as Electrician in the Transport Department. It is sought to be argued on behalf of the State Government that the respondent-applicant's post is not included in the Government Resolution.
The learned Tribunal, on the basis of material placed on record and various certificates placed on record,
came to the conclusion that the petitioner was working in the interior areas of Gadchiroli district and his work was of vital nature, such as wherever there was break down of the vehicles, his services were required to be put in service.
We find that the tribunal has given sufficient and cogent reasons while allowing the Original Application. No case is made out for interference. The petition is, therefore, rejected.
We further direct the petitioner-State Government to implement the order passed by the learned Tribunal within a period of two months from today. JUDGE JUDGE kahale
CERTIFICATE copy of original signed Judgment/Order.
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Uploaded On:10.10.2016