Deepak Dhanajirao Suranje And ... vs State Of Maharashtra And Others
2021 Latest Caselaw 5029 Bom

                                                                 916-ca-3771-2021.odt
                                         (1)

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                   916 CIVIL APPLICATION NO.3771 OF 2021
                               IN WP/5584/2012

               DEEPAK DHANAJIRAO SURANJE AND OTHERS
                                   VERSUS
                 STATE OF MAHARASHTRA AND OTHERS
                                        ...
              Advocate for Applicants : Mr. Solanke Shrikrashna B.
                  AGP for Respondents : Mrs. V.S. Choudhari
              Advocate for Respondent Nos.4 & 5 : Mr. S.S. Tope
                Advocate for Respondent No.7 : Mr. U.B. Bondar
              Advocate for Respondent No.8 : Ms. V.S. Choudhari
                                        ...

                                     CORAM : UJJAL BHUYAN &
                                             M.G. SEWLIKAR, JJ.

DATED : 19 th MARCH, 2021

PER COURT:-

. Heard learned counsel for the parties.

2. By way of this civil application, a prayer has been made by

the applicants for correcting the name of applicant no.3 in the judgment

and order dated 28.02.2020 passed in Writ Petition No.5584 of 2012.

3. Be it stated that the applicants were original petitioners in

Writ Petition No.5584 of 2012, which was disposed of vide order dated

28.02.2020 by holding that writ petitioners would be governed by the Old

Pension Scheme of 1982 and not by the DCPS scheme. However, in the

cause title of Writ Petition No.5584 of 2012, name of applicant (petitioner)

no.3 was described as under:

"Rishikesh s/o Gunderao Borde Age: 29 years, Occu: Service as Assistant Teacher presently working with Zilla Parishad Primary School,

916-ca-3771-2021.odt

Merkheda, Post. Kedarkheda, Tal. Bhokardan, District Jalna."

4. It is submitted that the correct particulars of applicant

(petitioner) no.3 is as under:

"Rishikesh s/o Gunderao Barde Age: 38 years, Occu: Service as Assistant Teacher presently working with Zilla Parishad Primary School, Thadi Savargaon, Tal. Degloor, Dist. Nanded."

5. Though we have informed learned counsel for the applicants

that there has been delay and laches on the part of applicant no.3 in

making the prayer for correction of particulars, however, taking an over all

view of the matter and in the interest of justice we allow the prayer made.

6. Accordingly, particulars of applicant (petitioner) no.3 be

corrected in the cause title of Writ Petition No.5584 of 2012 disposed of

on 28.02.2020 as well as in the order dated 28.02.2020 as per paragraph

4 above.

7. Civil application is accordingly allowed and disposed of.

[M.G. SEWLIKAR, J.] [UJJAL BHUYAN, J.]

Mujaheed//