Shri Jabbar Khan S/O Rahman Khan v. State Of Maharashtra Through Ministary Of Education And Others

Order 2108caw1845.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.W.NO. 1845/2017 IN W.P.NO. 5960/2012.

Jabbar Khan Rahman khan.

VERSUS

State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & ARUN D. UPADHYE, JJ.

DATE : AUGUST 21, 2017.

Heard Shri A.H. Jamal, learned Counsel for the applicant/petitioner, Ms. N.P. Mehta, learned A.G.P. for respondent nos. 1 and 4 and Shri A.B. Patil, learned Counsel for respondent nos. 2,3 and 5.

2.

It appears that after orders dated 18.12.2014, instead of moving the authority at State level, petitioner moved application before the authority functioning under Central Government. The application was returned by that authority, and thereafter it has been presented to the competent Authority. With the result, there is delay of about 15 days.

3.

Learned Counsel for respondent nos. 2,3 and 5 fairly gives no objection.

Order 2108caw1845.17 4.

Learned A.G.P. appearing for respondent nos.

1 and 4 submits that her instructions are awaited. 5.

This Court has granted time of two months and applicant has reached the competent authority late by 15 days, hence, while considering the issue of delay or then asking employer to pay penalty/interest, the competent Authority can deny the applicant/petitioner interest for such period. However, the application as presented, cannot be rejected only on that ground and it needed to be decided on merits.

6.

Accordingly, with this clarification, we extend time of 15 days more. Civil Application is accordingly disposed of. No costs.

JUDGE JUDGE Rgd