Kishan Pannalal Ghodekar vs The State Of Maharashtra Through The ...
2024 Latest Caselaw 24855 Bom

Bombay High Court

Kishan Pannalal Ghodekar vs The State Of Maharashtra Through The ... on 27 August, 2024

2024:BHC-AUG:19415-DB




                                             (1)                 wp13399.23

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD


                          WRIT PETITION NO. 13399 OF 2023


           KISHAN PANNALAL GHODEKAR                            .. PETITIONER

                                           VERSUS

           THE STATE OF MAHARASHTRA
           THROUGH THE SECRETARY AND OTHERS                    .. RESPONDENTS


           Mr. Sujit D. Joshi, Advocate for the petitioner.
           Mr. P.S. Patil, AGP for the respondents-State.


                        CORAM     : DEVENDRA KUMAR UPADHYAYA, CJ. &
                                    KISHORE C. SANT, J.

                        DATE      : AUGUST 27, 2024


           PC :-

01. Heard the learned Counsel for the petitioner and the

learned AGP representing the State respondents. By filing this

Petition, the petitioner seeks to challenge the validity of the

judgment and order dated 10.12.2009 passed by the Maharashtra

Administrative Tribunal, whereby Original Application bearing (2) wp13399.23

No.461 of 2008 filed by him was dismissed. The Original

Application was dismissed on 10th December, 2009 and this Petition

has been filed only on 14th September, 2023, i.e. after expiry of

period of about 14 years. The explanation submitted by the

petitioner for entertaining this Writ Petition, in our opinion, is not

sufficient. The petitioner has stated in the Writ Petition that after

dismissal of the Original application, he could not challenge the

same by filing Writ Petition for the reason that he was having

certain other family responsibilities, such as marriage of his

daughter. He also stated that after dismissal of the Original

Application, the petitioner was in a state of helplessness and

confusion on account of various advices said to have been received

by him and that since the pension is to be drawn on monthly basis,

therefore, each passing month gives a fresh cause of action to the

petitioner to challenge the order passed by the Maharashtra

Administrative Tribunal.

02. The said explanation, in our considered opinion, cannot

be accepted. The ground taken that non-payment of pension (3) wp13399.23

constitutes a continuing cause of action is also not tenable for the

reason that in the instant case, the Original Application filed by the

Petitioner claiming pension was rejected way back in the year 2009.

03. Since no satisfactory explanation comes forth for delay

and latches, which has occurred in filing this Writ Petition, we are

not inclined to entertain the same, which is hereby dismissed.

[KISHORE C. SANT, J.]                                  [CHIEF JUSTICE]



snk/2024/AUG24/wp13399.23