Uttam S/O Maroti Bokde vs Shri Rajesh J. Narnekar, ...
2021 Latest Caselaw 17208 Bom

            9-CP-226-21.odt                                                                                                                                  1/2




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH, NAGPUR.

                                            CONTEMPT PETITION NO.226 OF 2021
                                                           IN
                                              WRIT PETITION NO.788 OF 2014

                  Uttam S/o Maroti Bokde, Mor Yogidham, Murbad Road, Kalyan, Thane
                                                                -vs-
                                          Rajesh J. Narvekar, Collector, Thane
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                                           Shri S. R. Narnaware, Advocate for petitioner.
                                           Smt Sangita Jachak, Assistant Government Pleader for respondent

                                           CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : December 09, 2021

The learned counsel for the petitioner seeks to rely upon the judgment delivered at the Aurangabad Bench in Writ Petition No.903/2020 (Raja Tukaram Shinde Vs. The State of Maharashtra) with connected writ petitions on 04/05/2021. By the said judgment the Court has declared the manner in which Government Resolution dated 21/12/2019 has to be read in the light of earlier order granting protection in employment to the petitioner have attained finality. According to the petitioner issuance of an order placing him on supernumerary post for period of eleven months amounts to violation of the earlier order passed in Writ Petition No.788/2014 granting protection in service.

In the affidavit filed on behalf of the respondent it has been stated that the judgment dated 04/05/2021 referred to above is being challenged before the Honourable Supreme Court. Attention is invited to communication dated 26/11/2021 9-CP-226-21.odt 2/2

in that regard. It is further stated in paragraph 18 of this affidavit that the respondent would not be terminating the services of the petitioner in view of the order of protection granted earlier.

We find that the communication dated 05/01/2021 placing the petitioner on supernumerary post has been issued pursuant to Government Resolution dated 21/12/2019 which Government Resolution has now been interpreted in Writ Petition No.903/2020 as continuing the protection granted to the persons similar to the petitioner. However since a challenge to the said judgment is sought to be raised and as it is found that the services of the petitioner are not being disturbed, time of four weeks is granted to the respondent to take appropriate steps.

Stand over four weeks.

(G. A. Sanap, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:09.12.2021 17:05:19