Trimbak Shankarrao Patil vs The State Of Maharashtra And ...
2016 Latest Caselaw 3765 Bom

                                                                                          6201.16wp
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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                                   
                                   BENCH AT AURANGABAD.




                                                                 
                             WRIT PETITION NO.6201/2016

     Trimbak Shankarrao Patil,




                                                                
     age 38 years, Occu. Service,
     r/o Hottal, Tq. Degloor,
     Dist. Nanded.                                                ... PETITIONER.

                      VERSUS




                                              
     1.   The State of Maharshtra,
                             
     through its Principal Secretary,
     Rural Development Department,
     Mantralaya, Mumbai 400032.
                            
     2.   The Chief Executive Officer,
     Zilla Parishad, Nanded.
      

     3.   The Education Officer (Primary),
     Zilla Parishad, Nanded.
   



     4.   The Block Development Officer,
     Degrloor, Tq. Degloor, 
     Dist. Nanded.                   ... RESPONDENTS. 





                                   ...
           Advocate for Petitioner : Mr.V.D. Salunke h/f 
                          Mr.Nimbalkar A.A. 
             AGP for Respondents/State : Mr.P.N. Kutti.
              Advocate for Respondents 2 to 4 : Mr.S.B. 





                              Pulkundwar.
                                   ...

                                    CORAM: S.S.SHINDE & V.K. JADHAV, JJ.

Dated: JULY 12, 2016.

ORAL JUDGMENT: (PER SHINDE,J)

Rule, returnable forthwith. By consent of the

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parties, taken up for final hearing.

2. Heard the learned Counsel for the parties, perused the pleadings in the petition and the annexures thereto and in particular, the contents

of the affidavit filed by the petitioner and the certificate at Exh.A thereto. Perusal of the said certificate shows that the same has been issued by

the competent authority. The disability of the

petitioner has been shown up to 40% approximately. It is not in dispute that the Zilla Parishad has extended some benefits to the petitioner treating

him in the handicapped category.

2. In that view of the matter, we direct the

Chief Executive Officer, Zilla Parishad, Nanded to

examine the case of the petitioner within the purview of the policy and retain him at the same place where where he is working. The petitioner

need not submit fresh certificate and the respondent - Chief Executive Officer, Zilla Parishad, Nanded shall act on the basis of the

original copy of the said certificate at Exh.A to the affidavit filed by the petitioner, as and when it is produced. The petitioner to produce the original certificate before the Chief Executive Officer, Zilla Parishad, Nanded for perusal.

3. In the light of the discussion herein above, the order dated 3rd June, 2016 issued by the

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respondent - Zilla Parishad, Nanded stands quashed and set aside. The petition is allowed in terms of

prayer clauses (A) and (B) and stands disposed of. Rule made absolute in the above terms with no order as to costs.

(V.K. JADHAV, J) (S.S. SHINDE, J)

kadam/