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Bombay High CourtWP/7585/2022disposed off

Jeevanrao Vishnupanth Desai And ORS v. Chief Executive Officer, Zilla Parishad , Kolhapur And ORS

2022-06-28Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. M. Modak3 pages

Rane 1/3 20-WP-7585-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7585 OF 2022 Jeevanrao Vishnupanth Desai and Ors.

) Petitioners V/s.

Chief Executive Officer, Zilla Parishad, Kolhapur and Ors.

) Respondents WITH INTERIM APPLICATION (ST.) NO. 14422 OF 2021 IN WRIT PETITION NO. 7585 OF 2022 Shri. Dilip Dnyani Aswale ) Petitioner V/s.

Jeevanrao Vishnupanth Desai and Ors.

)Respondents WITH INTERIM APPLICATION (ST.) NO. 21425 OF 2021 IN WRIT PETITION NO. 7585 OF 2022 Suresh Baburao Jadhav and Ors.

) Petitioners V/s.

Chief Executive Officer, Zilla Parishad, Kolhapur and Ors.

) Respondents WITH INTERIM APPLICATION (ST.) NO. 22919 OF 2021 IN WRIT PETITION NO. 7585 OF 2022

Rane 2/3 20-WP-7585-2022.odt Baburao Bacharam Patil ) Petitioner V/s.

Jeevanrao Vishnupanth Desai and Ors.

)Respondents ...

Mr. Sudhir V. Sadavarte, Advocate for the petitioner CORAM : S.V. GANGAPURWALA, & S.M. MODAK, JJ.

DATE : TUESDAY, 28TH JUNE, 2022.

P.C. :

1.

The learned Counsel for the petitioners seeks leave to amend respondent no.5/or such Competent Authority. Leave granted.

2.

The learned Counsel for the petitioners submits that, the petitioners were appointed as Freedom Fighter Nominees and had worked for some period. Thereafter, their services are discontinued without assigning reasons. The petitioners have filed representation in the year 2018 but the same has not been attended to.

3.

The learned Counsel for respondents no.1 to 3,

Rane 3/3 20-WP-7585-2022.odt submits that, infact the petitioners were discontinued as it was found that they were not the dependents of the freedom fighters and were also in service.

4.

We have heard the learned AGP also.

5.

The benefit of Freedom Fighter nominee would be given to the family members and the dependents as laid down under the Scheme. Be that as it may, as the petitioners have given representations, it is for the Authority to take decision upon the same, as permissible.

6.

In case, the representation filed by the petitioners is pending with respondent no.5 and the respondent no.5 is competent to decide it, then respondent no.5 shall take decision upon it, on its own merits and in accordance with law and policy. The Writ Petitions are disposed of. No costs. 7.

With disposal of the petitions, Interim Applications therein do not survive. The same also stand NEETA SHAILESH SAWANT disposed of.

NEETA SHAILESH SAWANT Date: 2022.07.02 10:04:28 +0530 (S.M. MODAK, J.) (S.V. GANGAPURWALA, J.)