Bombay High Court
The State Of Maharashtra Through ... vs Sudhir Bhagwat Kalekar on 13 June, 2023
Author: Sandeep V. Marne
Bench: Nitin Jamdar, Sandeep V. Marne
skn 1 8-WP-6976.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO. 6976 OF 2023
The State of Maharashtra and others. ... Petitioners.
V/s.
Shri Sudhir Bhagwat Kalekar. ... Respondent.
Mr.N.K.Rajpurohit, AGP for the Petitioner- State.
Ms.Vaishali Jagdale for the Respondents.
CORAM : NITIN JAMDAR, ACJ AND
SANDEEP V. MARNE, J.
DATE : 13 June 2023. P.C. :
The Petitioner- State has challenged the order passed by the Maharashtra Administrative Tribunal in Original Application No.280/2023 filed by the Respondent, which reads as under:
"(A) The Original Application is allowed.
(B) Impugned communication dated 14.12.2012 and 01.03.2023 are quashed and set aside.
(C) The Respondents are directed to correct the date of birth of the Applicant as 23.11.1965 in place of 23.05.1965 in service record and shall accord consequential service benefits to him.
(D) No order as to costs."::: Uploaded on - 14/06/2023 ::: Downloaded on - 15/06/2023 10:17:31 :::
skn 2 8-WP-6976.2023.doc This order was passed on 21 April 2023. As per the record of the Petitioner- State, the Respondent would have superannuated on 31 May 2023. This writ petition is filed on 7 June 2023. Since the order of the Tribunal was prior to the date of superannuation as per record, if the said order is not set aside, varied or modified, then the State was bound to comply with the same. As on today, the status of the Respondent, as informed by the learned AGP for the Petitioner- State, is that the Respondent is shown to be in service only till 5 June 2023. The learned counsel for the Respondent is right in making the grievance that in this manner the Petitioner-
State has tried to nullify the order of the Tribunal. The State should take remedial measures before we proceed further. We are also informed that contempt petition is already filed by the Respondent in the Tribunal.
2. Stand over to 22 June 2023, to be placed under the caption of "Urgent Admission".
SANDEEP V. MARNE, J. ACTING CHIEF JUSTICE ::: Uploaded on - 14/06/2023 ::: Downloaded on - 15/06/2023 10:17:31 :::