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Bombay High CourtWP/13601/2024disposed off

The State Of Maharashtra Thr Principal Secretary Department Of Forest Government Of Maharashtra v. Akhillujjamakha Shafiujjamakha Pathan

2024-12-12Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Sandipkumar C. More4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO.13590 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

NATHARAO RAMRAO HODBE ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Bhargav Kulkarni ...

AND 927 WRIT PETITION NO.13593 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

KISHOR UDDHAVRAO BHUSARI ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Tapan K. Sant ...

AND 928 WRIT PETITION NO.13594 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

MUBSARODDIN SHABBIRODDIN SIDDIQUI ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondents : Mr. Tapan K. Sant ...

AND 929 WRIT PETITION NO.13596 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

VILAS WAGHOJI CHAVHAN ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Bhargav Kulkarni 1/4

...

AND 930 WRIT PETITION NO.13599 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

MOHAN FAKIRA JADHAV ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Tapan K. Sant ...

AND 931 WRIT PETITION NO.13600 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

PRASAD SATWARAO BHISE ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Bhargav Kulkarni ...

AND 932 WRIT PETITION NO.13601 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

AKHILLUJJAMAKHA SHAFIUJJAMAKHA PATHAN ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Tapan K. Sant ...

AND 933 WRIT PETITION NO.13602 OF 2024 THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF MAHARASHTRA

VERSUS

ANKUSH LALSING JADHAV ...

AGP for the Petitioner : Mr. R.S. Wani Advocate for Respondent : Mr. Bhargav Kulkarni ...

2/4

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 12.12.2024 PER COURT:

The petitioners are challenging the common order passed by the Maharashtra Administrative Tribunal in all these matters, whereby, it has allowed the Original Applications of each of these respondents, holding them entitled to be absorbed with effect from 16.10.2012 in the light of the Government Resolution of the even date, with a further direction for payment of difference in the wages. 2.

The petitioners are challenging the order on all fours. In the light of the decision in the matter of Shriniwas Ramakant Rajurkar Vs. State of Maharashtra and Ors.; WP No.10724/2016 delivered by a coordinate division bench on 27.06.2017 in respect of exactly the same issue there exists an issue regarding maintainability of the petitions. The petitioners having suffered that order or that order having reached finality, we are entertaining the petitions on the grounds that were not agitated and the Court had no occasion to deal with those, regarding the respondents having been paid retrenchment compensation and, on the ground of jurisdiction of the tribunal to entertain and decide the original applications.

3.

Issue notice to the respondents for final disposal, returnable 3/4

on 30.01.2025. Learned advocate Mr. Bhargav Kulkarni and Learned advocate Mr. Tapan K. Sant waive service of notice for respective respondents. Operation of the order under challenge shall stand stayed till the next date. List the matters in 'Urgent' matters category. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 4/4