Shri. Prasad Balkrishna Gawade v. The State Of Maharashtra , Dept. Of Rural Development And ORS

JPP 12. PIL 81.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2025.08.11 15:23:36 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 81 OF 2025 Prasad Balkrishna Gawade ... Petitioner V/s.

The State of Maharashtra, Department of Rural Development and Ors.

... Respondents _______________________________________ Mr. Yogesh Deshpande with Mr. Abhay Jadhavar and Pranav Rane i/b. Makarand Kale for the Petitioner Ms. Neha Bhide, Govt. Pleader with Ms. R.A. Salunkhe, AGP for Respondent Nos. 1 and 2 - State _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 08 AUGUST 2025 P.C. :

1.

In this Petition, the Petitioner has assailed the validity of the order dated 5 August 2021 passed by the Minister, Rural Development, who had stayed the order dated 27 July 2021 of termination of the persons who were appointed on compassionate basis as well as order dated 5 July 2021 suspending the Officer who had made such appointments. 2.

Learned Counsel for the Petitioner submitted that the aforesaid action was taken on the basis of the complaint submitted by the Petitioner and the Minister, Rural Development has no authority in law to suspend the 1/2

JPP 12. PIL 81.2025.doc operation of the order dated 5 August 2021. It is further submitted that the proceedings before the Minister, Rural Development is pending and the appointees are continuing in service for past about four years on the basis of an illegal order of stay.

3.

On the other hand, the learned AGP on instructions submits that in case the proceeding before the Minister, Rural Development is pending, the Petitioner as well as the persons, who may be affected by the order which shall be passed in the proceedings, be heard and an appropriate order shall be passed within a period of six weeks from today. 4.

In view of submissions made by the learned Counsel for the parties as well as taking into account the fact that the Petitioner has not impleaded the persons who have been appointed on compassionate basis as well as the Officer, who had made such appointments, in this PIL, in the facts and circumstances of the case, we deem it appropriate to direct the Minister of Rural Development to afford an opportunity of hearing to the affected parties including the Petitioner, who is a complainant and to conclude the proceedings expeditiously, preferably within a period of six weeks from today by a speaking order.

5.

Accordingly, the PIL is disposed of.

( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2