Civil Surgeon Civil Hospital Palghar v. Kalpesh Dhondiram Binner And ORS

23-WP-9729-24.doc Rameshwar Dilwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by RAMESHWAR LAXMAN DILWALE Date:

2024.08.30 19:52:14 +0530 WRIT PETITION NO.9729 OF 2024 RAMESHWAR LAXMAN DILWALE Civil Surgeon, Civil Hospital Palghar, & Ors. .. Petitioners Vs.

Kalpesh Dhondiram Binner & Ors.

.. Respondents ...

Mrs. Reena A. Salunkhe, AGP, for petitioner-state. Ms. Vaishali Jagdale, Advocate for respondent no.4 ...

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 30th AUGUST, 2024.

P.C. :

1.

It is submitted by the learned Assistant Government Pleader that the Maharashtra Administrative Tribunal while granting relief to the respondents placed reliance on the decision in Sachin Ambadas Dawale & Ors. Vs. The State of Maharashtra & Anr. (2014) 2 Mh.L.J. 36. However, that judgment has been subsequently clarified by another Division Bench in Mahesh Madhukar Wagh and Others Vs. State of Maharashtra and Others (2019) 6 MH.L.J. 8. It has been observed therein that the decision in Sachin Ambadas Dawale (supra) was rendered in the facts of that case. It is thus urged that the Tribunal erred in granting relief to the respondents by relying upon aforesaid decision. 2.

The learned Assistant Government Pleader seeks time to obtain instructions as to whether review of the impugned 1/2

23-WP-9729-24.doc Rameshwar Dilwale judgment on this ground can be sought before the Maharashtra Administrative Tribunal. Time granted.

3.

Stand over to 20/09/2024.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2