Mangalsing S/O Kalusingh Pakal vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 10036 Bom

 Judgment                                1                        W.P.No.2680.2021.odt


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

                          WRIT PETITION NO. 2680 OF 2021


          Mangalsing S/o Kalusingh Pakal,
          Aged about 53 years, Occu. - Service,
          R/o 302, Royal Residency,
          Jathar Peth Satav Chowk,
          Akola 444005.

                                                             .... PETITIONER

                                   // VERSUS //

 1)       The State of Maharashtra,
          through its Principal Secretary,
          Public Works Department,
          Mantralaya, Mumbai-32.

 2)       Public Works Department, Khamgaon,
          through its Executive Engineer,
          Having its office at Waman Nagar,
          Khamgaon 444303.
                                               .... RESPONDENTS
  ______________________________________________________________
      Shri F. T. Mirza, Advocate for the petitioner.
      Shri A. A. Madiwale, A.G.P. for respondent Nos.1 & 2.
 ______________________________________________________________


                           CORAM : SUNIL B. SHUKRE AND
                                   ANIL S. KILOR, JJ.

DATED : 30.07.2021

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

1. Heard. Rule. Rule made returnable forthwith. Heard finally

by consent of the learned counsel appearing for the parties.

Judgment 2 W.P.No.2680.2021.odt

2. It is true that the petitioner is set to retire by

superannuation on 30.07.2021, and his grievance is regarding refusal

to correct his date of birth from 03.02.1963 to 09.05.1969 is pending

for consideration of Maharashtra Administrative Tribunal, Nagpur. The

Maharashtra Administrative Tribunal, Nagpur has not granted any

interim relief in the matter. One reason has been stated in the order

passed in this regard, which is that if interim relief is granted, it would

amount to granting final relief.

3. If the Tribunal entertains such a view, it would be

appropriate for it to take this matter for urgent final hearing and

dispose it of in accordance with law at the earliest. It appears that more

time than is expected in law is being taken by MAT, Nagpur in deciding

a case like this. It would be therefore necessary for us to issue suitable

directions in the matter.

4. Accordingly, the petition is partly allowed. The

Maharashtra Administrative Tribunal, Nagpur is directed to decide the

Original Application No.475 of 2021 in accordance with law, after

giving due opportunity of hearing to both sides within a period of two

months from the date of appearance of the parties.

  Judgment                                  3                         W.P.No.2680.2021.odt


 5.               Parties to appear before         Maharashtra Administrative

 Tribunal, Nagpur on 03.08.2021.



 6.               In case, the         application is allowed, Maharashtra

 Administrative           Tribunal,   Nagpur    shall   consider        granting        of

consequential reliefs, if any, in the matter. However, such contingency

would not arise if the application is decided against the petitioner.

Rule accordingly. No costs.

            (ANIL S. KILOR, J.)                     (SUNIL B. SHUKRE J.)


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