Sudhakar S/O Somsing Pawar v. The State Of Maharashtra Thr The Secretary Heath Dept. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4072 OF 2024 Sudhakar S/o Somsing @ Soma Pawar

...Petitioner

Versus

The State of Maharashtra through the Secretary, Health Department & Ors

...Respondents

Mr. Ashok Dinkar Raut, for the Petitioner (through VC). Dr. Birendra Saraf, Advocate General, a/w Shruti Vyas, Addl.GP. & Vrishali Raje, AGP, for Respondent Nos.1, 2 & 3.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : NOVEMBER 12, 2024 PC :

1.

In the above Writ Petition, we are of the opinion that it would be necessary to join the Union of India through the Department of Health and Family Welfare, as a party Respondent to the above Writ Petition. We are of the view that this is necessary because according to the learned Advocate General, the Petitioner being a Health Care Worker, is covered by a scheme floated by the Central Government vide its order dated 28th March, 2020. According to the Learned Advocate General, the State Government Resolution dated 29th May, 2020 covers Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.11.18 14:49:01 +0530 all employees other than the Health Care Workers and who are not ASHWINI JANARDAN VALLAKATI

covered by the Central Government scheme.

2.

Considering the aforesaid stand taken by the Learned Advocate General, we are of the view that this amendment is necessary. Accordingly, the Petitioner is permitted to amend the above Writ Petition by joining the Union of India through the Ministry of Health and Family Welfare, as Respondent No.4 to the above Writ Petition. Further, the Petitioner is also permitted to amend the description of Respondent No.1 to read as "State of Maharashtra, through the Medical Education and Drugs Department" instead of "through Health Department".

3.

The aforesaid amendments shall be carried out within a period of one week from today. Re-verification is dispensed with. Once the amendments are carried out, the Registry is directed to issue notice to the newly added Respondent No.4, returnable on 26th November, 2024. Hamdast permitted. In addition to the Court notice, the Petitioner is also permitted to serve Respondent No.4 with the papers and proceedings of the above Writ Petition by private notice as well. 4.

Stand over to 26th November, 2024.

5.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]