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Bombay High CourtWP/686/2016rule made absolute

Shri. Sanjay V. Satarkar. v. State Of Goa, Thr. Its Chief Secretary And ANR.

2016-07-20F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA.

WRIT PETITION NO. 686/2016 SHRI SANJAY V. SATARKAR, son of Shri Vasant Narayan Satarkar, aged 39 years, Indian National, resident of House No.585, Panchami, Khandepar, Ponda-Goa.

Petitioner

Versus

1. STATE OF GOA, through its Chief Secretary, having office at Secretariat, Porvorim, Bardez-Goa.

2. THE DIRECTOR, Animal Husbandry & Veterinary Services. Having Office at Directorate of Animal Husbandry & Veterinary Services, Pashusamvardhan Bhavan, Patto, Panaji-Goa.

Respondents Ms.Ketki Naik, Advocate for the Petitioner.

Shri S.D.Lotlikar, Advocate General with Shri P. Dangui, AGA for the respondents.

CORAM : F.M.REIS & NUTAN D. SARDESSAI, JJ DATED : 20/07/2016.

ORAL JUDGMENT(PER F.M. REIS, J):

1] Heard Ms.Ketki Naik, learned counsel appearing for the petitioner and Shri S.D.Lotlikar, learned Advocate General appearing for the respondents.

2] Rule. Heard forthwith with the consent of the learned counsel appearing for the parties. Shri Lotlikar, learned Advocate General waives notice on behalf of the respondents. 3] The above petition takes exception to the refusal of reinstatement of the petitioner as Bull Attendant with the respondents in terms of the Appointment Order dated 21st December, 2011.

4] During the course of hearing of the above petition, it is not disputed by the learned counsel appearing for the petitioner as well as learned Advocate General that in identical circumstances this Court while disposing of Writ Petition No.78 of 2013 has granted similar relief sought by the petitioner. It is also not in dispute that the facts in the present case are identical to the facts in the said Writ Petition which has been disposed of by the judgment dated 25th March, 2014. It is however clarified that the petitioner will not be entitled for any back wages, but

however will be entitled for salary and all other benefits from the date he resumes services with the respondents. Hence, we pass the following order:- Order The respondents are directed to reinstate the petitioner in service from 1st August 2016, in the light of what has been stated hereinabove. There shall be no order as to costs. Rule is made absolute in the above terms.

NUTAN D. SARDESSAI, J F.M. REIS, J mukund