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Bombay High CourtMCA/795/2016allowed

Mr. Nilesh Bhagwant Naik., v. The State Of Goa, Through The Principal Secretary (Personnel) Dept. Of Personnel And ANR.,

2016-10-04F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 795 OF 2016 IN WRIT PETITION NO. 1033 OF 2015 MR. NILESH BHAGWANT NAIK., ... Applicant

Versus

THE STATE OF GOA, THROUGH THE PRINCIPAL SECRETARY (PERSONNEL) DEPT. OF PERSONNEL AND ANR., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the Applicant. Ms. P. Dangui, Addl. Government Advocate for the Respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 4th October, 2016 P.C.

Heard Mr. Nigel Da Costa Frias, learned Counsel appearing for the Applicant and Mr. Dangui, learned Addl. Government Advocate appearing for the Respondents.

2. This is an application for amendment to incorporate a subsequent event in the Petition.

3. The grievance in the Petition is to challenge an Order passed during the pendency of the Petition with retrospective effect.

4. Learned Addl. Government Advocate opposes the amendment

MCA/795/2016 application as, according to him, the subsequent events are not relevant for deciding the matter in controversy.

5. The fact that the Orders which are challenged may have a bearing in deciding the dispute raised in the above Petition has not been disputed. The amendment is to challenge the subsequent Orders relating to the matter in controversy.

6. Hence, the application is allowed. Leave to amend is granted. The Petitioner to carry out amendment forthwith and furnish a copy of the same to the Respondents within one week thereafter.

7. Needless to say, the Respondents, if so advised, are permitted to file an additional affidavit within two weeks.

8. Application stands disposed of.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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