original application no. 605 of 2021 (vinod n. choudhary

ORIGINAL APPLICATION NO. 605 OF 2021 (Vinod N. Choudhary Vs. State of Maharashtra & Ors.)

CORAM : Hon'ble Shri V.D. Dongre, Member (J)

DATE : 24.11.2021

ORAL ORDER :

Heard Shri A.D. Aghav, learned Advocate for the

applicant and Shri B.S. Deokar, learned Presenting

Officer for the respondents.

2. In respect of maintainability of the Original

Application, learned Advocate for the applicant

submits that he would amend the original pleading by

raising necessary pleadings regarding exhausting all

other remedy available before filing the Original

Application under Section 20 of the Administrative

Tribunals Act, 1985. Liberty granted.

3. S.O. to 21.12.2021.

MEMBER (J)

KPB ORAL ORDERS 24.11.2021

ORIGINAL APPLICATION NO. 674 OF 2021 (Pravin J. Rasal Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri P.D. Suryawanshi, learned Advocate

for the applicant and Shri V.R. Bhumkar, learned

Presenting Officer for the respondents.

2. Issue notices to the respondents, returnable on

04.01.2022.

3. Tribunal may take the case for final disposal at

once and separate notice for final disposal shall not be

issued.

4. Applicant is authorized and directed to serve on

respondent/s intimation/notice of date of hearing duly

authenticated by Registry, along with complete paper

book of the case. Respondents are put to notice that

the case would be taken up for final disposal at the

stage of admission hearing.

5. This intimation/notice is ordered under Rule 11

of the Maharashtra Administrative Tribunal

//2// O.A. No. 674/2021

(Procedure) Rules, 1988, and the questions such as

limitation and alternate remedy are kept open.

6. The service may be done by hand delivery, speed

post, courier and acknowledgment be obtained

and produced along with affidavit of compliance in

the Registry before due date. Applicant is directed to

file affidavit of compliance and notice.

7. S.O. to 04.01.2022.

8. Steno copy and Hamdast is allowed to both

parties.

MEMBER (J)


ORIGINAL APPLICATION NO. 937 OF 2018 (Pradip S. Dahale Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Smt. Suchita A. Dhongde, learned

Advocate for the applicant and Shri M.P. Gude,

learned Presenting Officer for the respondents.

2. Record shows that as per the order of the Hon’ble

High Court of Judicature at Bombay, Bench at

Aurangabad dated 06.10.2021 passed in W.P. No.

14436/2019, the order dated 02.07.2019 passed in

the present O.A. No. 937/2018 is set aside and the

matter is remanded to this Tribunal for hearing afresh

expeditiously.

3. In view of the same, the present matter is fixed

for final hearing afresh on 22.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO. 830 OF 2018 (Shailendra H. Patil Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Sanket Jadhav, learned Advocate

holding for Shri Shamsunder B. Patil, learned

Advocate for the applicant and Shri V.R. Bhumkar,

learned Presenting Officer for the respondent Nos. 1 to

4. Shri M.V. Bhamre, learned Advocate for respondent

No. 5, absent.

2. At the request of learned Advocate for the

applicant, S.O. to 24.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO. 429 OF 2021 (Vikas P. Tupare Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Avinash S. Deshmukh, learned

Advocate for the applicant and Shri D.R. Patil, learned


2. Record shows that affidavit in reply on behalf of

respondent Nos. 3 and 4 is filed on record.

3. Learned Advocate for the applicant submits that

the applicant does not wish to file rejoinder affidavit.

4. Pleadings are complete. The present matter is

pertaining to transfer. Hence, the O.A. is admitted and

it be kept for final hearing on 22.12.2021.

MEMBER (J)


M.A. No. 122/2021 in O.A. St. No. 503/2021 (Ranjana B. Solat Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Dr. Swapnil Tawshikar, learned Advocate

for the applicant and Shri B.S. Deokar, learned


2. The present matter is already part heard.

3. At the request of learned Presenting Officer for

the respondents, S.O. to 09.12.2021.

MEMBER (J)


M.A. No. 417/2018 in O.A. St. No. 1785/2018 (Dangal S. Pawar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri V.G. Pingle, learned Advocate for the

applicant and Shri I.S. Thorat, learned Presenting


2. Record shows that the D.P.C. record is produced

by the learned Presenting Officer on last occasion.

3. In view of the same, learned Advocate for the

applicant seeks time for filing rejoinder affidavit in

M.A. Time granted.

4. S.O. to 22.12.2021.

MEMBER (J)


M.A. No. 04/2021 in O.A. St. No. 1401/2020 (Sampat B. Jadhav Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri P.G. Gunale, learned Advocate for the

applicant, Smt. Sanjivani K. Deshmukh-Ghate,

learned Presenting Officer for the respondent Nos. 1 to

3, 5 & 6 and Smt. R.L. Jakhade, learned Advocate

holding for Shri S.P. Pandit, learned Advocate for

respondent No. 4.

2. Learned Presenting Officer filed affidavit in reply

on behalf of respondent No. 5 in M.A. Same is taken

on record and copy thereof has been served on the

other side.

3. At the request of other respondents, time is

granted for filing affidavit in reply in M.A.

4. S.O. to 24.12.2021.

MEMBER (J)


M.A. No. 58/2021 in O.A. St. No. 136/2021 (Mogra G. Thakre Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.G. Kulkarni, learned Advocate

holding for Shri A.S. Mirajgaonkar, learned Advocate


Presenting Officer for the respondent No. 1. Shri Amit

Savale, learned Advocate for respondent No. 2, absent.

2. At the request of learned Presenting Officer for

respondent No. 1, time is granted for filing affidavit in

reply in M.A.

3. S.O. to 04.01.2022.

MEMBER (J)


M.A. 360/2021 with M.A. St. 1292/2021 with M.A. 459/2019 in O.A. No. 618/2019 (Dhondiram G. Kamble Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Shri U.L. Momale, learned Advocate for the

applicant (Absent). Heard Smt. M.S. Patni, learned


2. Issue notices to the respondents in M.A. No.

360/2021, returnable on 04.01.2022.

3. Tribunal may take the case for final disposal at

once and separate notice for final disposal shall not be

issued.

4. Applicant is authorized and directed to serve on

respondent/s intimation/notice of date of hearing duly

authenticated by Registry, along with complete paper

book of the case. Respondents are put to notice that

the case would be taken up for final disposal at the

stage of admission hearing.

5. This intimation/notice is ordered under Rule 11

of the Maharashtra Administrative Tribunal

//2// M.A. 360/21 in M.A. St.

1292/21 with M.A. 459/19 in O.A. 618/19

(Procedure) Rules, 1988, and the questions such as

limitation and alternate remedy are kept open.

6. The service may be done by hand delivery, speed

post, courier and acknowledgment be obtained

and produced along with affidavit of compliance in

the Registry before due date. Applicant is directed to

file affidavit of compliance and notice.

7. S.O. to 04.01.2022.

8. Steno copy and Hamdast is allowed to both

parties.

MEMBER (J)


ORIGINAL APPLICATION NO. 393 OF 2020 (Sanjay B. Barde Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.D. Dhongde, learned Advocate for

the applicant and Shri S.K. Shirse, learned Presenting


2. Learned Presenting Officer submits that as per

the Circular No. MAT/MUM/ESTT/732/2021, dated

25/28.05.2021 issued by the Hon’ble Chairperson of

the Maharashtra Administrative Tribunal, Mumbai,

the matters regarding time bound promotion and

ACPS are to be dealt with by the Division Bench. The

present matter is pertaining to time bound promotion.

3. In view of the same, the present matter be placed

before the Division Bench for further hearing.

4. S.O. to 23.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO. 361 OF 2019 (Jijabai J. Sonwane & Ors. Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri A.D. Gadekar, learned Advocate for

the applicants and Shri D.R. Patil, learned Presenting


2. Learned Presenting Officer filed affidavit in reply

on behalf of respondent Nos. 1 and 2 as per the

directions given by this Tribunal on 12.10.2021. Same

is taken on record and copy thereof has been served

on the other side.


applicants, time is granted for filing rejoinder affidavit,

if necessary.

4. S.O. to 05.01.2022.

MEMBER (J)


ORIGINAL APPLICATION NO. 558 OF 2019 (Udalsingh A. Bohara Vs. State of Maharashtra & Ors.)

WITH ORIGINAL APPLICATION NO. 559 OF 2019 (Janardhan P. Muley Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri A.L. Kanade, learned Advocate for the

applicants in both the O.As. and S/shri V.R. Bhumkar

and D.R. Patil, learn`ed Presenting Officers for the

respective respondents in respective O.As.

2. As per the Circular No. MAT/MUM/ESTT/732/

2021, dated 25/28.05.2021 issued by the Hon’ble

Chairperson of the Maharashtra Administrative

Tribunal, Mumbai, the matters regarding time bound

promotion and ACPS are to be dealt with by the

Division Bench. The present matters are pertaining to

benefit of 2nd revised ACPS.

3. In view of the same, the present matters be

placed before the Division Bench for final hearing.

4. S.O. to 05.01.2022.

MEMBER (J) KPB ORAL ORDERS 24.11.2021

ORIGINAL APPLICATION NO. 691 OF 2019 (Rajendra B. Potdar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Shri K.P. Shinde, learned Advocate

holding for Shri S.P. Dhoble, learned Advocate for the

applicant and Smt. Sanjivani K. Deshmukh-Ghate,



applicant, S.O. to 24.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO. 407 OF 2020 (Dr. Yashwant S. Chavan Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Shamsunder B. Patil, learned

Advocate for the applicant and Shri B.S. Deokar,


2. This is a mid-term and mid-tenure transfer order,

which is challenged in the present Original

Application. In the circumstances, though the

respondents have referred to the report of the Civil

Services Board, the same is not placed on record.

3. In view of the same, learned Presenting Officer is

directed to produce on record the Civil Service Board

report on or before the next date of hearing.

4. S.O. to 21.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO. 723 OF 2018 (Arjun N. Kolmare Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri D.T. Devane, learned Advocate for the

applicant and Smt. Sanjivani K. Deshmukh-Ghate,


2. Learned Advocate for the applicant placed on

record a copy of the judgment and order dated

23.02.1991 of the Hon’ble High Court of Judicature at

Bombay, Bench at Aurangabad passed in W.P. No.

122/1987. Same is taken on record and marked as

document ‘X’ for the purpose of identification. He

submits that copy of the W.P. No. 122/1987 is not

with the applicant and therefore, he could not produce

it on record.

3. Learned Presenting Officer to make endeavor to

find out the copy of the W.P. No.122/1987 and if

available to place it on record on the next date of

hearing.

4. S.O. to 23.12.2021.


ORIGINAL APPLICATION NO. 532 OF 2021 (Kaviraj J. Kucche Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Kiran G. Salunke, learned Advocate

for the applicant, Shri B.S. Deokar, learned Presenting

Officer for the respondent Nos. 1 and 2 and Shri N.B.

Narwade, learned Advocate for respondent No. 3.

2. At the request and by consent of both the sides,

S.O. to 01.12.2021.

3. The present matter is to be treated as part heard.


ORIGINAL APPLICATION NO.580 OF 2018 (Amol R. Sakurskar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri H.A. Joshi, learned Advocate for the

applicant, Shri B.S. Deokar, learned Presenting Officer

for the respondent No.1 and Shri Sanket P. Jadhav,

learned Advocate holding for Shri Shamsundar B.

Patil, learned Advocate for the respondent Nos.2 to 4.


respondent Nos.2 to 4, time is granted for filing

additional reply.

3. At the request of learned P.O., time is granted for

filing affidavit-in-reply on behalf of respondent No.1.

4. S.O. to 24.12.2021.

MEMBER (J)

ORAL ORDERS 24.11.2021 - SAS

ORIGINAL APPLICATION NO.907 OF 2019 (Dr. N.V. Korde Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri J.S. Deshmukh, learned Advocate for

the applicant and Shri I.S. Thorat, learned Presenting

Officer for the respondent Nos. 1 to 4. Shri C.V.

Dharurkar, learned Advocate for the respondent No.6

is absent. None appears on behalf of respondent

No.5.

2. Record shows that affidavit-in-reply on behalf of

respondent no.6 only is filed.

3. At the request of learned P.O, time is granted as

a last chance for filing affidavit-in-reply on behalf of

respondent nos.1 to 4

4. S.O. to 17.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.91 OF 2020 (Shyam K. Bhavsar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Smt. Suchita A. Dhongde, learned

Advocate for the applicant and Smt. M.S. Patni,

learned Presenting Officer for the respondent Nos.1 to

3. None appears on behalf of respondent Nos.4 & 5.

2. Record shows that affidavit-in-reply is filed only

on behalf of respondent no.2 (in the title of affidavit-in-

reply it is wrongly mentioned as respondent no.4).


filing affidavit-in-reply on behalf of respondent nos.1

and 3.

4. S.O. to 21.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.52 OF 2021 (Dr. Rekha G. Gaikwad Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Shri C.V. Dharurkar, learned Advocate for the

applicant is absent. Heard Shri S.K. Shirse, learned

Presenting Officer for the respondent Nos.1 & 2 and

Shri A.D. Aghav, learned Advocate holding for Shri

S.B. Solanke, learned Advocate for the respondent

nos.3 & 4.

2. Record shows that the respondent No.5 has

refused the notice. In view of same, the respondent

No.5 deemed to have been served with notice.

3. At the request of learned P.O. for respondent

Nos.1 & 2 and learned Advocate for the respondent

Nos.3 & 4, time is granted for filing affidavit-in-reply.

4. S.O. to 04.01.2022.

MEMBER (J)


ORIGINAL APPLICATION NO.99 OF 2021 (Shrikant V. Mundhe Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Shri V.M. Maney, learned Advocate for the

applicant is absent. Heard Shri N.U. Yadav, learned


2. At the request of learned P.O., time is granted as

one more last chance for filing affidavit-in-reply on

behalf of respondent No.2.

3. S.O. to 22.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.112 OF 2021 (Gangadhar T. Belurkar & Ors. Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Shri Santosh C. Bhosale, learned Advocate for

the applicants is absent. Heard Shri S.K. Shirse,


2. None appears on behalf of the applicants.

3. In the circumstances, S.O. to 04.01.2022 for

filing affidavit-in-rejoinder.

MEMBER (J)


ORIGINAL APPLICATION NO.406 OF 2021 (Sajed Mubasshiruddin Siddiqui Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :





applicant, time is granted for filing affidavit-in-

rejoinder.

3. S.O. to 17.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.430 OF 2021 (Dr. Prema B. Bansode Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Sanjay N. Pagare, learned Advocate

for the applicant and Shri M.P. Gude, learned



filing affidavit-in-reply on behalf of the respondents.

3. S.O. to 21.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.439 OF 2021 (Shaikh Hafijoddin Hanifoddin Shaikh Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Shri Anil R. Shirsat, learned Advocate holding for

Shri J.M. Murkute, learned Advocate for the applicant

and Smt. Sanjivani K. Deshmukh-Ghate, learned


2. Affidavit-in-reply filed on behalf of respondent

Nos.1 & 2 is taken on record.

3. Learned Advocate for the applicant seeks

permission to withdraw the present Original

Application unconditionally.

4. I have no reason to refuse the permission.

5. Hence, permission to withdraw the Original

Application is granted.

6. In view of above, Original Application stands

disposed of as withdrawn with no order as to costs.

MEMBER (J)


ORIGINAL APPLICATION NO.452 OF 2021

(Datta N. Bharaskar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :






the respondents.

3. S.O. to 21.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.453 OF 2021 (Indrajeet M. Gaikwad Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Jayant S. Deshmukh, learned

Advocate for the applicant and Shri I.S. Thorat,


2. Learned Advocate for the applicant seeks

permission to withdraw the present Original

Application unconditionally.

3. I have no reason to refuse the permission.

4. Hence, permission to withdraw the Original

Application is granted.

5. In view of above, Original Application stands

disposed of as withdrawn with no order as to costs.

MEMBER (J)


ORIGINAL APPLICATION NO.484 OF 2021 (Shrimant M. Ubale Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Ms. Preeti R. Wankhade, learned Advocate



2. Affidavit-in-rejoinder filed by the applicant is

taken on record and copy thereof has been served on

the other side.

3. S.O. to 24.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.459 OF 2021 (Rameshwar B. Khanal Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :


Advocate for the applicant and Shri M.P. Gude,


2. Learned P.O. for the respondents places on

record the copy of communication dated 29.10.2021

received from the respondent No.2 stating that the

impugned transfer order of the applicant is cancelled.

It is taken on record and marked as document ‘X’ for

the purpose of identification.

3. At the request of learned Advocate, S.O. to

01.12.2021 for taking instruction from the applicant.

Interim relief granted earlier to continue till then.

MEMBER (J)


ORIGINAL APPLICATION NO.506 OF 2021 (Ranjana A. Barde Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Ms. Preeti R. Wankhade, learned Advocate

for the applicant and Smt. Sanjivani K. Deshmukh-

Ghate, learned Presenting Officer for the respondents.

2. Affidavit-in-rejoinder filed by the applicant is

taken on record and copy thereof has been served on

the other side.

3. S.O. to 24.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.531 OF 2021 (Maruti M. Kakad Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.G. Kulkarni, learned Advocate

holding for Shri Ajay S. Deshpande, learned Advocate

for the applicant, Smt. M.S. Patni, learned Presenting

Officer for the respondent Nos.1 to 3 and Shri Avinash

S. Deshmukh, learned Advocate for the respondent

No.4.

2. Record shows that affidavit-in-reply on behalf of

respondent No.4 is filed on 08.10.2021.

3. Further, affidavit-in-reply on behalf of

respondent Nos.1 & 2 is also filed on 08.10.2021 only.


he has received the copy of affidavit-in-reply of

respondent Nos.1 & 2 today itself and he seeks time

for filing affidavit-in-rejoinder.

5. Learned Advocate for the respondent No.4

objected for grant of time stating that the applicant

ought to have collected the copy of affidavit-in-reply of

respondent Nos.1 & 2 before next date. However, the

applicant wants to prolong the matter.

//2// O.A.531/2021

6. Considering the facts and circumstances, last

chance is granted for filing affidavit-in-rejoinder on

behalf of applicant.

7. S.O. to 06.12.2021. Interim relief granted earlier

to continue till then.

MEMBER (J)


ORIGINAL APPLICATION NO.548 OF 2021 (Rajendra M. Gunjal Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.B. Mene, learned Advocate holding

for Shri A.T. Jadhavar, learned Advocate for the

applicant and Shri I.S. Thorat, learned Presenting


2. At the request of learned P.O, time is granted as


respondents.

3. S.O. to 13.12.2021.

MEMBER (J)


ORIGINAL APPLICATION NO.593 OF 2021 (Gajanan P. Joshi Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.G. Kulkarni, learned Advocate for

the applicant and Shri B.S. Deokar, learned Presenting


2. At the request of learned Advocate, S.O. to

22.12.2021 for filing service affidavit.

MEMBER (J)


ORIGINAL APPLICATION NO.647 OF 2021 (Vinod V. Gundamwar Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :


Advocate for the applicant and Smt. Deepali S.

Deshpande, learned Presenting Officer for the

respondent Nos.1 to 3. None present on behalf of

respondent No.4, though duly served.


the applicant would make necessary representation to

the respondent No.1 seeking reposting in next few

days.

3. Respondent No.1 to consider such representation

at the earliest.


filing affidavit-in-reply on behalf of respondent Nos.1

to 3.

5. S.O. to 24.12.2021.

MEMBER (J)


M.A.NO.149 OF 2018 IN O.A.ST.NO.445 OF 2018 (Prasad D. Mule Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :


applicant, Smt. Sanjivani K. Deshmukh-Ghate,

learned Presenting Officer for the respondent No.1

and Shri S.B. Mene, learned Advocate for the

respondent Nos.2 & 3.


respondent Nos.2 & 3, time is granted as a last chance

for filing affidavit-in-sur-rejoinder, if necessary.

3. S.O. to 24.12.2021.

MEMBER (J)


M.A.NO.297 OF 2020 IN O.A.ST.NO.1203 OF 2020 (Jayant S. Bhamare Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :


applicant and Shri N.U. Yadav, learned Presenting




the respondents in M.A.

3. S.O. to 24.12.2021.

MEMBER (J)


M.A.NO.340 OF 2021 WITH M.A.NO.341/2021 IN O.A.NO.77 OF 2020 (Mahesh S. Khedkar & Ors. Vs. State of Maharashtra & Ors.)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri P.S. Kirtikar, learned Advocate

holding for Shri C.T. Jadhav, learned Advocate for the

applicant and Smt. M.S. Patni, learned Presenting



filing affidavit-in-reply in M.A.No.341/2021.

3. S.O. to 24.12.2021.

MEMBER (J)

ORAL ORDERS 24.11.2021 – SAS

C.P. 20/2021 IN O.A. 200/2016 (Shaikh Rahim Shaikh Chand Vs. State of Maha. & Ors.)

CORAM : Hon'ble Shri Bijay Kumar, Member (A)

[This matter is placed before the Single Bench due to non-availability of Division Bench.]

DATE : 24.11.2021

ORAL ORDER :

Shri R.P. Bhumkar, learned Advocate for the

applicant (absent). Smt. M.S. Patni, learned Presenting

Officer for the respondents, is present.

2. Learned P.O. has filed affidavit in reply on behalf of

respondent no. 5. It is taken on record. She undertakes to

supply copy of respondent no. 5 to the learned Advocate for

the applicant. She seeks some more time to file affidavit in

reply on behalf of the respondent nos. 1 to 4. Time

granted.

3. S.O. to 11.2.2022.

MEMBER (A)

ARJ ORAL ORDERS 24.11.2021

ORIGINAL APPLICATION NO. 1069/2019 (Prabhakar M. Kathar Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :


applicant and ShriI I.S. Thorat, learned Presenting Officer

for the respondents.

2. Learned Presenting Officer seeks time for filing sur-

rejoinder. Time is being granted as a last chance.

3. S.O. to 15.12.2021.

MEMBER (A)


ORIGINAL APPLICATION NO. 102/2020 (Swati G. Jagdhane Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri R.M. Deshmukh, learned Advocate for the

applicant and Smt. Sanjivani Deshmukh Ghate, learned


2. Learned Advocate for the applicant has filed

rejoinder affidavit to the affidavit in reply of res. nos. 2 to 4.

It is taken on record and copy thereof has been supplied to

other side.

3. S.O. to 3.1.2022 for filing sur-rejoinder, if any.

MEMBER (A)


ORIGINAL APPLICATION NO. 385/2020 (Rajinder Singh Shobha Singh Kolhapure Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri R.D. Khadap, learned Advocate for the

applicant and Shri I.S. Thorat, learned Presenting Officer


2. Learned Advocate for the applicant seeks time to file

rejoinder affidavit. Time granted.

3. S.O. to 11.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 233/2021 (Balasaheb K. Jadhav Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri PramodA. Kulkarni, learned Advocate for


Officer for the respondent nos. 1 to 3.


service affidavit regarding service of notice on all the

respondents, excluding the respondent no. 3, is ready. He

shall file the same in the Registry. He undertook to file the

service affidavit in the Registry within 2 days.

3. On going through the documents, it reveals that

respondent no. 3 has already filed affidavit in reply.

Learned P.O. seeks time to file affidavit in reply of

respondent nos. 1 & 2. Time granted.

4. S.O. to 12.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 234/2021 (Rameshwar F. Chadidar Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri PramodA. Kulkarni, learned Advocate for


Officer for the respondent nos. 1 to 3.


service affidavit regarding service of notice on all the

respondents, excluding the respondent no. 3, is ready. He

shall file the same in the Registry. He undertook to file the

service affidavit in the Registry within 2 days.

3. On going through the documents, it reveals that


Learned P.O. seeks time to file affidavit in reply of

respondent nos. 1 & 2. Time granted.

4. S.O. to 12.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 274/2021 (Rajesh M. Rathod Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri Dayanand B. Bhange, learned Advocate

for the applicant and Shri M.P. Gude, learned Presenting


2. On going through the documents, it appears that, the


Learned P.O. submits that separate affidavit in reply on

behalf of rest of the respondent i.e. respondent nos. 1, 3 &

4 is not required.

3. Learned Advocate for the applicant clarifies that he

has no grievance so far as main selection list and waiting

list are concerned. His grievance is around taking up the

candidates for recruitment from the waiting list. He

believes that applicant’s name is in waiting list. He,

therefore, seeks leave of the Tribunal to delete the name of

respondent no. 5.

4. Learned P.O. agrees with the above averments of the

learned Advocate for the applicant. However, on perusal of

record submitted by respondent no. 2 along with affidavit

in reply, it is seen that the reports received from

::-2-:: O.A. NO. 274/2021

respondent no. 5 on critical issues like non availability of

C.C.TV. footage are material for determination of true

background facts. Therefore, deletion of Respondent no. 5

may result into making respondent no. 5 free from his

responsibility assumed by him, as an outsourced agency.

5. Today, the learned Advocate for the applicant has

filed rejoinder affidavit to the affidavit in reply of

respondent no. 2. It is taken on record and copy thereof

has been supplied to the learned P.O. for the respondents.

6. S.O. to 10.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 307/2021 (Vaishali K. Korde Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri J.S. Deshmukh, learned Advocate for the



2. Learned Advocate for the applicant submits that he is

getting copy of affidavit in reply of respondent no. 2 today

only. Therefore, he will file rejoinder affidavit, if any, on the

next date.

3. Learned Presenting Officer has already submitted

that separate affidavit in reply on behalf of other

respondents is not necessary.

4. In the circumstances, S.O. to 23.12.2021 for filing

rejoinder affidavit, if any, by the applicant.

MEMBER (A)


M.A. 428/2019 IN O.A. 707/2019 (Ram M. Shinde Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Smt. Megha Y. Mali, learned Advocate holding

for Shri S.K. Mathpati, learned Advocate for the applicant,

Shri I.S. Thorat, learned Presenting Officer for the

respondent nos. 1 to 4 and Shri G.N. Patil,

learnedAdvocate for respondent nos. 5 & 6.

2. Learned P.O. for respondent nos. 1 to 4 as well as

learned Advocate for respondent nos. 5 & 6 seek time to file

affidavit in reply on behalf of respective respondents. Time

granted.

3. S.O. to 10.1.2022.

MEMBER (A)


M.A. 248/2020 IN O.A. ST. 913/2020 (Rajendra B. Pawar Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri V.G. Pingle, learned Advocate holding for

Shri K.B. Jadhav, learned Advocate for the applicant and

Shri B.S. Deokar, learned Presenting Officer for the

respondents.

2. From the noting of the Registry dated 7.9.2021, it

appears that, the applicant has served notice of the

Tribunal upon the respondent no. 1 personally.

3. It further appears from the record that respondent

no. 3 has already filed affidavit in reply in the present M.A.

4. Learned P.O. seeks time to file affidavit in reply of

respondent nos. 1, 2 & 4 in the M.A. Time granted.

5. S.O. to 8.12.2021.

MEMBER (A)


M.A. 146/2021 IN O.A. ST. 506/2021 (Sunil D. Kulkarni Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri A.S. Khedkar, learned Advocate for the applicant, Smt. M.S. Patni, learned Presenting Officer for the respondent nos. 1 & 2 and Shri Sanket P. Jadhav, learned Advocate holding for Shri Shamsundar B. Patil, learned Advocate for respondent nos. 3, 4 & 5.

2. It has been observed in the order dated 30.9.2021 that the learned P.O. is representing for respondent nos. 1, 2 & 5 and Shri Shamsundar B. Patil, learned Advocate is appearing for respondent nos. 3 & 4. However, today it has been brought to the notice of the Tribunal that learned P.O. is appearing for respondent nos. 1 & 2 and Shri Shamsundar B. Patil, learned Advocate is appearing for respondent nos. 3, 4 & 5. Accordingly, the order dated 13.9.2021 is corrected. 3. Learned P.O. for respondent nos. 1 & 2 and Shri Sanket P. Jadhav, learned Advocate holding for Shri Shamsundar B. Patil, learned Advocate for respondent nos. 3, 4 & 5 seek time for filing affidavit in reply. Time granted as a last chance. 4. S.O. to 9.12.2021.

MEMBER (A)


M.A. 177/2021 IN O.A. ST. 724/2021 (Raosaheb B. Gunjal Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri A.S. Khedkar, learned Advocate for the

applicant, Smt. Sanjivani Deshmukh Ghate, learned

Presenting Officer for the respondent nos. 1 & 2 and Shri

Sanket P. Jadhav, learned Advocate holding for Shri

Shamsundar B. Patil, learned Advocate for respondent nos.

3, 4 & 5.

2. learned Advocate for respondent nos. 3, 4 & 5 filed

affidavit in reply in O.A. It is taken on record and copy

thereof has been supplied to other side.


respondent nos. 1 & 2 in M.A. Time granted.

4. S.O. to 9.12.2021.

MEMBER (A)


M.A. 181/2021 IN O.A. ST. 1208/2020 (Balasaheb D. Patil Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :

Heard Shri S.G. Kulkarni, learned Advocate holding

for Shri Ajay S. Deshpande, learned Advocate for the

applicant and Shri M.S. Mahajan, learned Chief Presenting



respondents in M.A. Time granted.

3. S.O. to 15.12.2021.

MEMBER (A)


ORIGINAL APPLICATION NO. 276/2021 (Akshay V. Thorat Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :


for the applicant and Smt. M.S. Patni, learned Presenting






4 is not required.







respondent no. 5.





::-2-:: O.A. NO. 276/2021










6. S.O. to 10.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 275/2021 (Parmeshwar P. Rathod Vs. State of Maha. & Ors.)



DATE : 24.11.2021

ORAL ORDER :


for the applicant and Smt. M.S. Patni, learned Presenting






4 is not required.







respondent no. 5.





::-2-:: O.A. NO. 275/2021










6. S.O. to 10.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 182 OF 2019 (Dr. Devidas L. Lavhate Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)

(This matter is placed before the Single Bench due to non-availability of Division Bench.)

DATE : 24.11.2021

ORAL ORDER :

Heard Shri V.B. Wagh, learned Advocate for the

applicant and Shri M.S. Mahajan, learned Chief Presenting


2. At the request of learned Advocate for the applicant,

S.O. to 6.12.2021.

MEMBER (A)

ORAL ORDERS 24.11.2021 – HDD

M.A.NO. 149/2019 IN O.A.ST.NO. 413/2019 (Bharat Zendu Patil Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri K.B. Jadhav, learned Advocate for the

applicant and Shri V.R. Bhumkar, learned Presenting


2. By consent of both the parties, S.O. to 1.12.2021.

MEMBER (A)


M.A.NO. 613/2019 IN O.A.ST.NO. 2401/2019 (Mallikarjun D. Deshmane Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Shamsundar B. Patil, learned Advocate

for the applicant and Shri M.P. Gude, learned Presenting


2. At the request of learned Presenting Officer, S.O. to

1.12.2021 for filing affidavit in reply.

MEMBER (A)


M.A. 269/21 WITH M.A.270/21 IN O.A.ST.803/21 (Dattatraya S. Sonawane & Anr. Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri R.C. Bramhankr, learned Advocate for the

applicant and Shri B.S. Deokar, learned Presenting Officer



MEMBER (A)


M.A.NO. 367/2021 IN O.A.NO. 485/2021 (Amol J. Kale Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Smt. S.D. Tambat - Dhumal, learned Advocate

for the applicant and Smt. Sanjivani Deshmukh-Ghate,



MEMBER (A)


ORIGINAL APPLICATION NO. 130 OF 2017 (Priyanka A. Dongre Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Sudhir K. Chavan, learned Advocate for

the applicant, Smt. Sanjivani Deshmukh-Ghate, learned

Presenting Officer for the respondent Nos. 1 to 4 and Shri

R.D. Khadap, learned Advocate holding for Shri S.S.

Thombre, learned Advocate for respondent No. 5. None

appears for respondent No. 6.


MEMBER (A)


ORIGINAL APPLICATION NO. 406 OF 2018 (Arun S. Gosavi Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :


applicant and Smt. M.S. Patni, learned Presenting Officer



MEMBER (A)


ORIGINAL APPLICATION NO. 443 OF 2018 (Jagannath W. Vispute Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri M.R. Wagh, learned Advocate for the




MEMBER (A)


ORIGINAL APPLICATION NO. 12 OF 2019 (Dr. Deepak K. Shejwal Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Sanket Jadhav, leaned Advocate holding

for Shri Shamsundar B. Patil, learned Advocate for the

applicant, Shri I.S. Thorat, learned Presenting Officer for

the respondent Nos. 1 to 3 and Ms. Angha Pandit, learned

Advocate holding for Shri S.B. Talekar, learned Advocate

for the respondent No. 4.


MEMBER (A)


ORIGINAL APPLICATION NO. 444 OF 2019 (Dnyanoba S. Bilapate Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :





MEMBER (A)


ORIGINAL APPLICATION NO. 717 OF 2019 (Rajendra A. Shirsath Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri Amit Savale, learned Advocate for the




MEMBER (A)


ORIGINAL APPLICATION NO. 755 OF 2019 (Dr. Prashant N. Suryawanshi Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)


DATE : 24.11.2021

ORAL ORDER :

Heard Shri M.R. Kulkarni, learned Advocate for the

applicant and Smt. Sanjivani Deshmukh-Ghate, learned



MEMBER (A)


Date : 24.11.2021 ORIGINAL APPLICATION NO.705/2021 (Balwant S. Mukhade V/s State of Maharashtra & Ors.) Per :– Standing directions of Hon’ble Chairperson, M.A.T., Mumbai

1. Shri D.T.Devane ld. Advocate for the applicant and Shri V.R.Bhumkar ld. PO for respondents, are present. 2. Circulation is granted. Issue notices to the respondents, returnable on 17.12.2021. The case be

listed for admission hearing on 17.12.2021. 3. Tribunal may take the case for final disposal at this stage and a separate notice for final disposal shall not be issued.

4. Applicant is authorized and directed to serve on Respondents intimation / notice of date of hearing duly authenticated by Registry, along with complete paper book of case. Respondents are put to notice that the case would be taken up for final disposal at the stage of admission hearing. 5. This intimation / notice is ordered under Rule 11 of the Maharashtra Administrative Tribunal (Procedure) Rules, 1988 and the questions such as limitation and

alternate remedy are kept open. 6. The service may be done by Hand delivery, speed post, courier and acknowledgement be obtained and produced along with Affidavit of compliance in the Registry as far as possible before the returnable date

fixed as above. Applicant is directed to file Affidavit of compliance and notice.

REGISTRAR 24.11.2021/yuk registrar notice/

original application no. 605 of 2021 (vinod n. choudhary

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