The General Manager P South ... vs Ramesh Kallappa Kiwande
2021 Latest Caselaw 1387 Bom

                                       (1)                                969-wp-1085-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
               969 WRIT PETITION NO.1085 OF 2021

 THE GENERAL MANAGER P SOUTH CENTRAL RAILWAY AND
 OTHERS                              ..PETITIONERS

                  VERSUS

 RAMESH KALLAPPA KIWANDE                                           ..RESPONDENTS
                        ...
 Mr. S. B. Deshpande, Advocate for the Petitioners.
                                             ...

                                 CORAM : S. V. GANGAPURWALA &
                                         SHRIKANT D. KULKARNI, JJ.

DATED : 20th JANUARY, 2021.

PER COURT:-

1. Mr. Deshpande, learned counsel for petitioners submits that the Tribunal directed petitioners to appoint respondent on supernumerary.

2. The learned counsel further submits that petitioners appointed the son of respondent on compassionate ground. The submission was made to that effect, but Tribunal did not consider while delivering the judgment. Once the son of the respondent is appointed on compassionate ground, the Tribunal could not have directed petitioners to appoint the respondent on supernumerary post.

3. Issue notice to respondent, returnable on 03.03.2021. Humdast allowed.

 4.               Till         then,         the    respondent             shall         not
 execute           the         order     of        the     Tribunal,            however,



                                    (2)                           969-wp-1085-2021



 petitioners               shall    make   the       payment           of       the

legitimate amount due and payable as per service Rules.

 (SHRIKANT D. KULKARNI)                     (S. V. GANGAPURWALA)
             JUDGE                                  JUDGE


 Devendra/January-2021