Shri. Puranchandra S/O. Kisan Meshram v. The State Of Maha., Through Its Secretary, Higher And Technical Edu. Dept., Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.2787 of 2017 in Writ Petition No.455 of 2016 (Puran Kishanchand Meshram vs.

State of Maharashtra, through its Secretary, Department of Higher & Technical Education, Mumbai and others ) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.G. Mishra, applicant in person.

Shri S.P. Bhandarkar, Advocate for the Petitioner. Shri V.P. Maldhure, A.G.P. for Respondent Nos.1 to 3. Shri S.S. Ghate, Advocate for Respondent No.4.

CORAM

: B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : 11 th DECEMBER, 2017.

Shri S.G. Mishra-applicant/intervenor points out that amount of about Rs.65.00 lakhs is to be recovered from petitioner, who is to retire in the month of June, 2018.

02] Learned Counsel Shri Bhandarkar for petitioner disputes this and points out that inadvertently amendment has not been carried out. Shri Mishra submits that amendment was not carried out, though it was allowed in the month of October, 2017.

wp.455.16 2/2 03] We find that during pendency of petition, if there is any retirement or superannuation, same cannot prejudice the recovery, if any, to be effected by respondent nos.3 & 4. It is also important to note that no interim orders are operating in the matter. 04] On the oral request of learned Counsel for petitioner, time to carryout amendment is extended by one week, as last chance. If amendment is not carried out within the stipulated period, petition shall stand dismissed automatically without further reference to the Court.

05] Application for early hearing is granted.

06] List the petition for final hearing in the week commencing from 22nd January, 2018.

07] As Advocate Shri R.D. Wakode has filed Vakalatnama for respondent no.4-University, Advocate Shri S.S. Ghate is discharged.

JUDGE JUDGE *sdw