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Bombay High Court

Shankar Sayaram Pallewar vs The State Of Maharashtra And Others on 28 April, 2022

Author: S. G. Mehare

Bench: R. D. Dhanuka, S. G. Mehare

                                     1                         959-WP-4766-22.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD


                        WRIT PETITION NO.4766 OF 2022

                  SHANKAR SAYARAM PALLEWAR
                               VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                   ...
  Advocate for Petitioner : Mr. J. D. Maniyar h/f. Mr. V. S. Panpatte
    AGP for Respondents no. 1 to 4 - State : Mr. S. B. Yawalkar
                                   ...

                                   CORAM :    R. D. DHANUKA &
                                              S. G. MEHARE, JJ.
                                  DATE    :   28-04-2022

PER COURT :-


Learned counsel appearing for the petitioner has invited our attention to the order dated 21.03.2022 passed by this Court, in Writ Petition no. 3675 of 2022 (Prabhakar Hanmant Gundapwar Versus The State of Maharashtra and others ) and would submit that as the facts involved in this petition and issue raised are also identical, similar protection granted vide aforesaid order can be granted in this matter.

2. Learned A.G.P. waives notice for respondents No. 1 to 4.

3. Issue notice upon respondents no. 5 and 6, returnable on 27.06.2022.

4. Humdast is permitted so far as respondents no. 5 and 6 are concerned.

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2 959-WP-4766-22.odt

5. In addition to Court notice, respondents no. 5 and 6 be served by a private notice and an affidavit of service upon respondents no.5 and 6 be filed before the returnable date.

6. The learned Advocate for the petitioner states that the issue raised in the petition is pending before the Hon'ble Supreme Court vide Special Leave Petition No. 8300 of 2021 ( Priti and others versus The State of Maharashtra and others ) and other connected matters, in which, the Hon'ble Supreme Court has granted order of status quo as prevailing on the date of said order. The said Special Leave Petition is still pending.

7. Till the next date, there shall be ad-interim relief in terms of prayer clause 'D'.

8. Respondents No. 5 and 6 are directed to submit the regular monthly salary bills of the petitioner to respondent no. 3 within three weeks from the date of communication of this order.

9. Respondents No.5 and 6 shall release regular monthly salary bills of the petitioner for the period due, without prejudice to the rights of the petitioners subject to the outcome of the decision that would taken by the Hon'ble Supreme Court in Special Leave Petition No. 8300 of 2021 (supra).

10. Parties to act upon authenticated copy of this order.

        ( S. G. MEHARE )                      ( R. D. DHANUKA )
              JUDGE                                   JUDGE


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