State Of Maharashtra Through ... vs Sanjay Dinkarrao Mankar And Ors
2023 Latest Caselaw 3059 Bom

2023:BHC-AS:9555-DB

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     REVIEW PETITION NO. 18 OF 2023
                                   IN
                     WRIT PETITION NO. 6957 OF 2019




       State of Maharashtra, through
       Principal Secretary, Labour
       Industrial Energy and Labour Dept,
       Mantralay                                                       .....Petitioner
             V/s.
       Sanjay Dinkarrao Mankar and Ors.                                .....Respondents

                                                 ----

       Mr. A.Y. Sakhare, Senior Advocate i/by. Mr. N.C. Walimbe, AGP for State.-
       Government Pleader for petitioner in RPW-18-2023.

       Mr. Sanghraj D.Rupwate i/by. Ms. Shraddha Vavhal, Advocate for
       respondent no.1.

       Mr. Piyush Pande a/w. Mr. Kartikeye Rao, Advocate for respondent no.2.


                              CORAM : S.V. GANGAPURWALA, ACTING CJ &
                                   SANDEEP V. MARNE, J.

                             DATE :              28th MARCH, 2023.



       P.C. :

1. The petitioner seeks review of the order of this Court dated

30th January, 2023 passed in Writ Petition No. 6957/2019.

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2. Mr. Sakhare, learned Senior Advocate appearing for the

petitioner, submits that while passing the judgment dated 30 th January,

2023 this Court in para-11 has observed that the posting order dated 29 th

September, 2018 could not have been stayed by oral directives allegedly

communicated to respondent no.2 on telephone.

3. Mr. Sakhare, learned Senior Advocate submits that there

was a noting in the fle on 6 th October, 2018 and on 4th October, 2018, oral

directions were also issued to cancel the posting of the petitioner on

promotion at Nagpur. The said fact ought to have been considered by this

Court.

4. We asked Mr. Sakhare, learned Senior Advocate for the

petitioner as to whether there is any written order staying the posting

order dated 29th September, 2018. Mr. Sakhare very candidly and fairly

accepted, there is no written order staying the posting order dated 29 th

September, 2018. We cannot comprehend, that posting order dated 29 th

September, 2018 can be stayed by some oral directions on telephone.

Subsequently also, no such order appears on record staying the posting

order dated 29th September, 2018.

5. In light of that, we do not fnd any error committed in the

order dated 30th January, 2023.

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6. Review Petition is dismissed. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)