The Chief Ex.Officer v. Mohamad Khalik Shahabuddin Shaikh

Gayatri Shimpi 11-WP-(i)6139-99 & 4244-99.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6139 OF 1999 The Chief Executive Officer Zilla Parishad Dist. Solapur .. Petitioner

Versus

Mohamad Khalik Shahabuddin Shaikh .. Respondent WITH WRIT PETITION NO. 4244 OF 1999 The Executive Engineer Zilla Parishad, Solapur .. Petitioner

Versus

Sharnappa Hanmant Patil .. Respondent ...

Mr. Vijay Killedar, for Petitioner.

Mr. Kiran Bapat, Senior Advocate a/w Mr. Gaurav S. Gawande i/b Mr. Avinash Fatangane, for Respondent.

Mrs. Vaishali S. Nimbalkar, AGP for Respondent - State. ...

CORAM

: SANDEEP V. MARNE J.

DATE : 22 JULY 2024.

P.C. :- 1) It appears that these Petitions are rendered infructuous on account of order passed by the Division Bench of this Court on 30 March 2023 in Writ Petition No.446 of 2021. The Division Bench has directed that Respondents in the present Petitions shall have to be considered as permanent from 31 March 1997 and 1/2

Gayatri Shimpi 11-WP-(i)6139-99 & 4244-99.doc pensionable benefits shall be granted to them considering their services with effect from 31 March 1997.

2) It appears that the order passed by the Division Bench on 1 March 2023 in Writ Petition No.446 of 2021 was tested by the State Government before the Supreme Court by filing Special Leave Petition (Civil) Diary No (s). 2320 of 2024 and the Special Leave Petition has been dismissed by the Supreme Court by order dated 15 March 2024. Since the Respondents in these two Petitions are already directed to be made permanent from 31 March 1997 by the Division Bench of this Court by order dated 1 March 2023, nothing further survives in the Petitions. However, technically the orders passed by the Labour Court will have to be upheld so as not to disturb the benefit granted by Division Bench vide order dated 1 March 2023. The Writ Petitions are accordingly disposed of as infructuous. Needless to state that the Petitioner Zilla Parishad shall take expeditious steps for finalizing pension proposals of the Respondents.

[SANDEEP V. MARNE J.] by GAYATRI RAJENDRA SHIMPI Date:

2024.07.25 13:23:41 +0530 GAYATRI RAJENDRA SHIMPI 2/2