The State Of Maharashtra Thr Secretary ... vs Bhavana Hemant Thakare
2024 Latest Caselaw 2589 Bom

Bombay High Court

The State Of Maharashtra Thr Secretary ... vs Bhavana Hemant Thakare on 29 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                    (1)                         wp812.24

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                    38 WRIT PETITION NO. 812 OF 2024

 THE STATE OF MAHARASHTRA THR SECRETARY REVENUE DEPARTMENT
                        MANTRALAYA
                           VERSUS
                  BHAVANA HEMANT THAKARE

Mr.S.B. Narwade, AGP for the petitioner/State.

                        CORAM       :     RAVINDRA V. GHUGE &
                                          Y.G. KHOBRAGADE, JJ.

                        DATED       :     29.01.2024

PC :-

01. The petitioner-State seeks to challenge the judgment and order

dated 13.04.2023 passed by the learned Maharashtra Administrative Tribunal

at Aurangabad, thereby allowing original application No.292 of 2018 based on

the view taken by the Division Bench of this Court in Kashabai Sheshrao Wagh

Vs. The Zilla Parishad, Nashik and Ors. dated 03.07.2019 in Writ Petition No.

7742 of 2014. It is pointed out that subsequently a judgment was delivered

by the coordinate Division Bench at the Principal Seat in Bhagyashree Pradip

Chopade Vs. MIDC and Ors., dated 08.03.2022 in Writ Petition No.6819 of

2021.

(2) wp812.24

02. Reliance is also placed on the judgment of the Full Bench of this

court dated 27.07.2023 delivered in Writ Petition No. 9284 of 2022 (Sunita

Dinesh Gaikwad & Anr. Vs.State of Maharashtra and Ors.) wherein it was

concluded that the view taken in Bhagyashree (Supra) is the correct view and

the declaration in Kashabai (Supra) would be restricted only to the facts of

her case and clause (E) of the Government Resolution dated 28.03.2001 is not

rendered unconstitutional.

02. Issue notice to the respondents, returnable on 04.03.2024.

03. The learned AGP submits that the respondent is yet to be

inducted in employment on compassionate basis. Hence, the judgment of the

learned Tribunal shall stand stayed until further orders.

04. All office objections shall be removed on or before 22.02.2024,

failing which the petition shall stand dismissed on 23.02.2024 without

reference to the Court.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]

snk/2024/JAN24/wp812.24