Bombay High Court
Shyamrao S/O Mulchand Kahalkar vs State Of Maharashtra Thr. ... on 11 August, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
33-MCA-210-20.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
MISC. CIIVL APPLICATION NO. 210 OF 2020 (FOR REVIEW) IN
WRIT PETITION NO.3934 of 2008(d)
Shyamrao Mulchand Kahalkar
vs.
State of Maharashtra through its Secretary, Department of Agriculture, Animal Husbandry,
Dairy Development and Fisheries and anr.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri R. M. Sharma, Advocate for applicant.
Ms N. P. Mehta, Assistant Government Pleader for non-applicant nos.1 and 2.
CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE :- AUGUST 11, 2022
Admit.
Heard finally with the consent of the learned counsel for
the parties.
The present applicant who was working as Helper on
daily wages at Tumsar Chilling Centre under Government Milk
Scheme, Gondia approached the Maharashtra Administrative
Tribunal (for short, the Tribunal) vide Original Application No.
344/2003 seeking the relief of regularisation of his services. The
Tribunal allowed the Original Application and directed grant of
benefit to the applicant in view of the decision of the Hon'ble
Supreme Court in Appeal No.3070/1999 (State of Maharashtra vs.
R. S. Khurana) decided on 24.07.2001. Review Application
preferred by the Department came to be dismissed on 07.01.2008.
Being aggrieved the State Government filed Writ Petition
No.3934/2008 in this Court.
The Division Bench vide judgment dated 13.04.2009
noted that the issue was covered by the judgment of this Court in
State of Maharashtra and anr. vs. Pandurang Sitaram Jadhav [2008
CLR 151]. On that ground, the writ petition was allowed and the
order passed by the Tribunal came to be set aside.
According to the applicant, the judgment of this Court in
Pandurang Sitaram Jadhav (supra) had been challenged before the
Hon'ble Supreme Court by filing Civil Appeal Nos. 10064-
10075/2010 and on 25.05.2019 the civil appeal preferred by the
said appellant was allowed. Consequently, the order passed by the
Division Bench in Pandurang Sitaram Jadhav (supra) has been set
aside. It is on that basis that the present review application has
been filed.
It is submitted by the learned counsel for the applicant
that since the judgment on the basis of which the writ petition
preferred by the State of Maharashtra was allowed on 13.04.2009
has now been set aside, the prayers made in Writ Petition
No.3934/2008 deserve re-consideration. It is submitted that
similarly placed applicants have been granted benefit of
regularisation and continuity in view of the judgment of the
Hon'ble Supreme Court dated 25.05.2019. The judgment dated
13.04.2009 in Writ Petition No.3934/2008 therefore deserves to be
recalled.
The learned Assistant Government Pleader for the non-
applicants opposed the aforesaid submissions. It is submitted that
the review application has been preferred only after the decision of
the Hon'ble Supreme Court. Similarly, the relief has been granted
only to those parties who had approached the Hon'ble Supreme
Court. Since the applicant did not file any further proceedings, he
would not be entitled to any relief.
At this stage, we are not concerned with the merits of the
claim made in the writ petition. The short ground on which recall
of the order is sought is that the judgment in Pandurng Sitaram
Jadhav (supra) of this Court has been set aside by the Hon'ble
Supreme Court. Since that was the only ground for allowing the
writ petition and as the entire basis of the said judgment of this
Court dated 13.04.2009 has been set aside, we find that Writ
Petition No.3934/2008 requires re-consideration on its own merits.
Hence for that reason the order dated 13.04.2009 in Writ
Petition No.3934/2008 is recalled and the writ petition is restored
for re-consideration. All points raised in the writ petition shall be
considered when the proceedings are taken up for consideration.
Miscellaneous Civil Application(Review) No.210 of 2020
is allowed in aforesaid terms. No costs.
Writ Petition No.3934/2008
The original petitioners shall re-construct the record of
the writ petition.
Shri R.M.Sharma, Advocate waives notice for the
respondent.
The parties are at liberty to file additional affidavits in
support of their contentions.
Put up for hearing in the week commencing from
05.09.2022.
( URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.)
Andurkar..
Digitally Signed byJAYANT S
ANDURKAR
Personal Assistant
Signing Date:
12.08.2022 19:31
