The State Of Maharashtra Thr. ... vs Akshay Dattatraya Nagane
2022 Latest Caselaw 10591 Bom

                                                                      5-WP-11994-2022



            jvs
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
SALUNKE                          WRIT PETITION NO. 11994 OF 2022
JV
Digitally signed
by SALUNKE J V
Date: 2022.10.12
19:12:50 +0530
                   The State of Maharashtra            }
                   and Anr.                            }     Petitioner
                                 Versus
                   Akshay Dattatraya Nagane            }     Respondent


                   Ms. R. A. Salunkhe, AGP for petitioners (State).
                   Mr. Utkarsh Desai i/b. Mr. Rajesh Kolage for
                   respondent no. 1.


                                     CORAM: DIPANKAR DATTA, CJ. &
                                            MADHAV J. JAMDAR, J.

                                     DATE    : OCTOBER 12, 2022


                   P.C.:

1. An accommodation has been sought on behalf of Mr. Kolage, learned advocate, who has been engaged by the respondent no.1.

2. Ms. Salunkhe, learned AGP appearing for the petitioners submits that they are facing contempt action before the Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal", for short) for non-compliance of the directions contained in the judgment and order dated 27th August 2021 on Original Application No. 52 of 2021, which is challenged in this writ petition.

3. We have read the judgment and order passed by the Tribunal impugned herein. Prima facie, it appears to be a case where the Tribunal directed consideration of an

5-WP-11994-2022

application for compassionate appointment dated 16th May 2010 without considering the fact that the original application was presented in 2021 and the application itself may have been barred by limitation. The reason given by the Tribunal in paragraph 7 of its judgment appears to us to be suspect having regard to the provisions contained in section 21 read with section 20 of the Administrative Tribunals Act, 1985. That apart, the decision of recent origin of the Supreme Court dated 30th September 2022 in Civil Appeal No.6958 of 2022 (Fertilizers and Chemicals Travancore Ltd. & ors. vs. Anusree K.B.) could stand in the way of consideration of the respondent's application having regard to the lapse of time since death of her father in- harness.

4. For the reasons aforesaid, we stay the order of the Tribunal directing consideration of the petitioner's application dated 16th May 2010. This order of stay shall remain operative till 30th November 2022 or until further orders, whichever is earlier.

5. List the writ petition on 19th October 2022 for 'admission'.

(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE)