Sandip Ganpat Hadbal v. State Of Maharashtra

42. WP 13177.23.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13177 OF 2023 with INTERIM APPLICATION NO. 1418 OF 2024 Sandip Ganpat Hadbal and Ors.

... Petitioners V/s.

State of Maharashtra and Ors.

... Respondents Mr. S.B. Talekar with Madhavi Ayyappan and Shubham Gurav i/b. Talekar & Associates for the Petitioners Ms. Ashwini A. Purav, AGP for the Respondents 1 to 8 Mr. Ajit M. Savagave for Respondent No.9 CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 03 APRIL 2024 P.C. :- The learned Counsel appears on behalf of the Respondent No.9 and seeks time. Stand over to 12 June 2024. Reply and rejoinder if any to be filed before the next date. 2.

The learned Counsel for the Petitioner has drawn our attention to the order dated 13 December 2023 and points out that the ad-interim relief which was granted in terms of prayer clause (B)

42. WP 13177.23.doc appears to be a typographical mistake, as clause (B) is final relief directing regularization.

3.

Ordinarily, we would have relegated the Petitioners to the same bench which has passed the order, however, from the order dated 13 December 2023 itself it is clear that mention of prayer clause (B) is a typographical error. Ad-interim relief was granted in the light of the proposed termination or discontinuation of service and it was noted that the Petitioners were discharging their duties from that date. The learned Counsel for the Petitioners states that even today the Petitioners are in service. Therefore, we convert the reference of prayer clause (B) to that of prayer clause (E) that is regarding protection of services in the order dated 13 December 2023.

4.

The Interim Application is taken out as the honorarium is not being paid to the Petitioners. Since the Petitioners are working as stated above, we direct the Respondent - Zilla Parishad to pay the honorarium to the Petitioners in terms of their own policy and regulations starting from 1 April 2024. As regard the prayer for arrears, as sought in the application, it would be considered on the next date of hearing.

M.M. SATHAYE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2024.04.04 18:23:52 +0530 JYOTI PRAKASH PAWAR