Bombay High CourtCAW/962/2024ca disposed off

Vijay S/O Vishwanath Petkar v. State Of Maharashtra, Thr. Secretary Co-Operative Department, Mumbai And Others

2024-11-28Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 22-wp-4745-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4745/2021 Vijay S/o Vishwanath Petkar Vs. State of Maharashtra through its Secretary, Co-operative Department and others & CIVIL APPLICATION NO. 962/2024 IN W.P. NO. 4745/2021 WITH WRIT PETITION NOS.4747/2021, 4746/2021 & 5683/2023 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Laxmi Malewar, Advocate for Petitioners & Mr. Anand Parchure, Advocate for Petitioner in WP No. 5683/2023 Mr. V.A. Thakare, AGP for Respondents/State Mr. P.S. Tidke, Advocate for Respondent No.3 in WP No. 4745/2021, Respondent No.4 in WP No. 4746/2021, 4747/2021 & 5683/2023 CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 28th NOVEMBER, 2024 Civil Application (CAW) No. 962/2024 in Writ Petition No.4745/21 seeks to amend the petition to raise a challenge to clause 8 of the recommendations dated 27.12.2022 (page 92), which requires every employee of the Bank to file an affidavit, that he will not claim interest and will not raise any dispute in respect of the same before the Courts. Though the petitioners have filed such affidavits, it is contended, that same were under duress on account of the fact, unless the same were

2 22-wp-4745-2021.odt given, their claims for arrears of salary and retiral benefits would not be considered. In view of this position, we allow the application. Amendment to be carried out by tomorrow i.e. 29.11.2024. Copy of the amended petition be supplied by 02.12.2024. 2.

List the petitions on 09.12.2024, by which time, the response to the amended petitions shall be placed by the respondents on record, considering the limited nature of the challenge remaining. Writ Petition No. 5683/2023 Mr. Parchure, learned counsel for the petitioners seeks leave to raise a similar challenge. Leave is granted on the same conditions.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 28/11/2024 17:36:28