The President, Vidarbha Medical Education And Research Foundation, Akola v. Vishwas Ramrao Tale And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4351/2021 Vishwas Ramrao Tale & Ors. with WRIT PETITION NO.4356/2021 Mohd. Sadique Abdul Mannan & Ors. with WRIT PETITION NO. 4353/2021 Hemant Keshavrao Deshpande & Ors.with WRIT PETITION NO. 4360/2021 Ganesh Babarao Dandale & Ors.with WRIT PETITION NO. 4362/2021 Dilip Shyamrao Wankhade & Ors.with WRIT PETITION NO. 3220/2021 Mahadeo Bhavanji Rakesh & Ors.with WRIT PETITION NO. 3221/2021 Pradeep Dattatray Pathak & Ors.with WRIT PETITION NO. 4361/2021 Manda Gajanan Fulari & Ors.with WRIT PETITION NO. 4366/2021 Madhuri Prakash Lohakar & Ors.with WRIT PETITION NO. 4359/2021

Santosh Gulabrao Solanke & Ors.with WRIT PETITION NO. 4357/2021 Bharat Damodarrao Karale & Ors.with WRIT PETITION NO. 4358/2021 Bhimrao Shivram Wankhade & Ors.with WRIT PETITION NO. 4364/2021 Tejbahaddursingh Tikaramsing Jajoria & Ors.with WRIT PETITION NO.4365/2021 Sanjay Mukundrao Deshmukh & Ors. with WRIT PETITION NO. 3218/2021 Amrut Puransa Ganoje & Ors.with WRIT PETITION NO. 4355/2021 Sanjay Manikrao Gawande & Ors.with WRIT PETITION NO. 3219/2021 Balabhau Sampat Dabhade & Ors.with WRIT PETITION NO. 4367/2021 Ajay Vasantrao Zadape & Ors.with WRIT PETITION NO. 4354/2021 Ravindra Vitthal Dhenge & Ors.with WRIT PETITION NO. 4368/2021 Kishor Uttamrao Deshmukh & Ors.with

WRIT PETITION NO. 4370/2021 Rajendra Raghunath Gondhalekar & Ors.with WRIT PETITION NO. 4363/2021 Sadanand Manohar Ghatole & Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.R. Deshpande, Advocate for petitioner in all petitions Shri V.R. Deshpande, Advocate for respondent no.1 in WP No.4365/2021 Ms Tajwar Khan, AGP for respondent nos.2 and 3 in all petitions CORAM : AVINASH G. GHAROTE, J.

DATE : 24/04/2023 1.

The petitions challenge the common order dated 12/03/2021, whereby the application for amendment of the reply before the Controlling Authority seeking to raise a plea that what was claimed by the respondent no.1 was not the last drawn salary of the respondent no.1, has been rejected. 2.

Shri A.R. Deshpande, learned counsel for the petitioners, upon instructions, makes a statement that in case the plea is permitted to be raised, there is no question of leading any additional evidence or for that matter of filing of any additional document and the appeal itself can be decided on the basis of the material which is already on record.

3.

Though the impugned order is supported by Shri V.R. Deshpande, learned counsel for the respondent no.1, it is material to note that merely permitting to raise a plea on the basis of the aforesaid statement made by Shri A.R. Deshpande, learned counsel for the petitioners, would not change the nature of the pleading, specifically in view of the position, as stated by him that no new document or no new pleading or no new evidence will be sought to be placed on record in support of the said plea and the appeal itself will be argued on the basis of the material already on record. 4.

This statement of Shri A.R. Deshpande, learned counsel for the petitioners, is accepted as a statement to the Court, considering which, the impugned order insofar as it rejects the application for amendment is hereby set aside and the application is allowed, subject to the condition that the petitioners shall not be permitted to place on record any additional evidence, document, or plea and shall also not claim any entitlement to remand the matter on this ground and the appeal before the Appellate Authority shall be decided on the basis of the material which is already in existence as of date. The appeal shall be decided within a period of two months from 02/05/2023, on which date, the parties shall appear before the Appellate Authority and place copy of this order for perusal and for further action by the learned Appellate Authority.

5.

The writ petitions are allowed in the aforesaid terms. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR