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Bombay High CourtCAW/1505/2016dismissedrule discharged

Vijay Pralhad Shinde v. State Of Maharashtra Through Its Secretary Of Education And Sports Department And Others

2016-08-23Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain2 pages

WP3886-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NO.1505/2016 IN WRIT PETITION NO. 3886/2015 (VIJAY PRALHAD SHINDE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Patil, counsel for the applicant-petitioner. Shri V.P. Maldhure, A.G.P. for the R-1 to 3.

CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : AUGUST 23 , 2016.

By this Civil application, the applicant seeks a direction to the respondent nos.2 and 3 to grant the benefits of the time bound promotion to the petitioner as he has completed twelve years of service.

Shri Maldhure, the learned Assistant Government Pleader, states that the cause of action for filing the instant petition and the cause of action for filing the present application, is different. It is stated that by filing the writ petition, the petitioner has only sought the protection of his service, in view of the judgment of the Full Bench, reported in 2015(1) Mh.L.J. 457 (Arun Vishwanath Sonone Versus State of Maharashtra & Others).

Since the cause of action for filing this application is different from the cause of action for filing the writ petition, we dismiss the civil application.

The civil application stands disposed of accordingly.

JUDGE JUDGE APTE

WP3886-15 CERTIFICATE copy of original signed Judgment/Order.

Uploaded by: Rohit D. Apte.

Uploaded on : 24.08.2016.