Tapi Irrigation Development ... vs Ulsha Sonu Pawar
2017 Latest Caselaw 8587 Bom

                                  1                  WP 3604.2003.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                  WRIT PETITION NO. 3604 OF 2003
                                ...

     TAPI IRRIGATION DEVELOPMENT 
     CORPORATION, JALGAON
     through Executive Engineer,
     Waghad Canal Division, Nashik
     now merged in the Executive 
     Engineer, Upper Godavari Project
     Division, Nashik.                ....Petitioner.....

     VERSUS

     ULSHA SONU PAWAR
     age major, Occ. Ex-labour,
     R/o Bhaltone, Post Kadhare,
     Taluka Kalwan, Dist. Nashik                ....Respondent...

                              ...
       Advocate for Petitioner :Mr.D R Shelke a/w S D 
                            Shelke 
        Advocate for Respondents : Mr. Karne G. J. 
                              ...
                CORAM : V.K. JADHAV, J.

Dated: November 09, 2017 ...

ORAL JUDGMENT :-

1. Learned counsel for the petitioner submits

that, in the month of December 2003, the Executive

Engineer, Upper Godavari Prakalpa, Division

Nashik-2 had submitted a proposal to the

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2 WP 3604.2003.odt

Superintending Engineer, Nashik Irrigation Project

Mandal in respect of the present respondent and

other workers in terms of the provisions of

Government Resolution dated 24.4.2001. It has

been also mentioned in the said proposal that,

workers as mentioned in the said proposal

alongwith present respondent is taken on

establishment permanently. They are ready to forgo

their back wages and they will also not claim any

interest. The learned counsel has submitted copy of

the said proposal and the same is taken on record.

It appears that, by way of said proposal, the

Executive Engineer has recommended the proposal

on the ground that the workers mentioned in the

said proposal alongwith present respondent are

ready to forgo their claim about back-wages and

interest and, therefore, they may be taken on the

establishment permanently. It has been also stated

in the said proposal that if, the proposal is accepted,

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3 WP 3604.2003.odt

Writ Petition filed by the Department would be

withdrawn.

2. Learned counsel for respondent submits that,

the Department has not taken any action on this

proposal.

3. In view of the said proposal, the concerned

superior Authority of the Department shall take

appropriate decision in the matter in accordance

with the Government Resolution dated 24.4.2001

within SIX MONTHS from the date of this order.

Writ Petition accordingly disposed off. No costs.

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

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