Bombay High Court
Tulshiram Kamu Dahikar vs Divisional Commissioner, Amravati ... on 14 September, 2020
Author: Manish Pitale
Bench: Manish Pitale
1/2 03-WPST 8493.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION (St.) NO. 8493 OF 2020
Tulshiram Kamu Dahikar
vs.
Divisional Commissioner, Amravati Division and others
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Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
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Shri. P. S. Patil, counsel for the petitioner. Ms. T. H. Khan, AGP for respondent No.1.
CORAM : MANISH PITALE J.
DATED : 14/09/2020 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.
2. Heard learned counsel for the petitioner.
3. The petitioner has challenged order passed by the respondent No.1 dismissing his appeal against order of termination of service dated 19/06/2020. It is pointed out that the petitioner had put in about 34 years of continuous service till the order of termination of service was passed. The documents on record also indicate that when the petitioner approached the respondent No.1 by filing appeal, an interim order was passed in his favour and he continued in service during the pendency of the appeal. On 27/08/2020, when the appeal was to be heard, the petitioner was unable to attend, due to the fact that he had tested positive for ::: Uploaded on - 14/09/2020 ::: Downloaded on - 15/09/2020 06:06:05 ::: 2/2 03-WPST 8493.2020 COVID-19 and he had gone in isolation. Thereafter, when the petitioner approached the respondent No.1 to file written submissions in order to pursue his appeal, he was informed that on 07/09/2020, by the impugned order, the appeal had been dismissed and the interim order stood vacated.
4. On merits, the petitioner is relying upon judgment and order dated 04/07/2019 passed by Aurangabad Bench of this Court in Writ Petition No.6143/2016 [Smt. Umabai w/o Ramkrishna Deshmukh vs. The State of Maharashtra and others] and connected writ petitions, wherein benefit of pension was granted to employees, who according to the petitioner were similarly situated.
5. Issue notice, returnable in four weeks. Ms.Khan, learned AGP waives notice on behalf of respondent No.1.
6. Since there was an interim order operating in favour of the petitioner during pendency of the appeal, there shall be ad-interim stay in terms of prayer clause (4).
7. The order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.
JUDGE KOLHE/P.A. ::: Uploaded on - 14/09/2020 ::: Downloaded on - 15/09/2020 06:06:05 :::