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Bombay High CourtWP/10281/2015rule made absolute

Nila Jayram Gawali v. The State Of Maharashtra Through The Secretary And ORS

2015-10-21Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Anoop V. Mohta3 pages

dgm 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10281 OF 2015 Nila Jayram Gawali .... Petitioner vs The State of Maharashtra and ors .... Respondents Mr. V. S. Tadke I/by Mr. B. S. Shinde for the petitioners Mr. A.I. Patel, AGP for respondents 1 and 2.

CORAM:

ANOOP V. MOHTA AND A. A. SAYED, JJ.

DATE : October 21, 2015 ORDER:

Rule, returnable forthwith. Heard finally by consent of parties.

Learned Assistant Government Pleader waives service for the respective Respondents.

The learned counsel appearing for the Petitioner submit that this matter can be disposed of in view of order passed in Writ Petition No. 7320 of 2014-Manojkumar Gunaji Atak & ors v. The State of Maharashtra dated 6.08.2014 as facts and circumstances 1/3

dgm 2 are the same and so also all the prayers.

Learned counsel for the Petitioner has submitted that this Court by order dated 6January 2014 passed in Writ Petition no.33 of 2014 has already directed the concerned Respondent to decided such representation/s. The same relief can be granted/extended to the Petitioner as they are similarly circumstanced and their grievances are also identical based on the Government Circular dated 24 April 2007. Therefore, we are inclined to dispose of the present petition on similar lines. Therefore, service to other Respondents is also dispensed with. Writ Petition is disposed of with a direction to the concerned Respondents to consider the representation/s made by the Petitioner in the light of Government Circular dated 24 April 2007 and order dated 29 October 2013 passed by this Court in Writ Petition No.

10200 of 2013 and also in the light of the observations made in judgment dated 24 April 2012 in Writ Petition No.7116 of 2012 passed by this Court at Aurangabad Bench, as referred in the orders of this Court. Similar order was passed in Writ Petition No.2077 of 2013 on 3 July 2013 also. These orders have attained finality.

The representation/s should be decided as early as 2/3

dgm 3 possible and preferably within a period of four months from today. Rule is made absolute in the above terms. There shall be no order as to costs.

(A. A. SAYED, J.) (ANOOP V. MOHTA, J.) 3/3