in the maharashtra. administrative tribunal …

(vsm)

(G C ) J 2260(B) (50,000-2-2015) MAT-F-2 E.

IN THE MAHARASHTRA. ADMINISTRATIVE TRIBUNAL MUMBAI

M.A./R.A./C.A. No. of 20

IN

Original Application No. of 20

FARAD CONTINUATION SHEET NO.

Office Notes, Office Memoranda of Coram,

Appearance, Tribunal's orders or

directions and Registrar's orders

Tribunal's orders

O.A. No.411 & 412 of 2017

DATE •

cOlt,p1 :

.Preot'bitt Oti -RAJIV 0)' CARAVA.1.

141-4':4 1.- Sher' P. 5. MALI (Mcinkt1

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Shri Sunil P. Thorve & Ors. ... Applicants

V/s.

The State of Mah. & ors. ... Respondents

Heard Ms S.P. Manchekar 86 Shri M.D.

Lonkar, the learned Advocate for the Applicants, Shri N.K. Rajpurohit, the learned C.P.O. for the

Respondent Nos.1 to 3 and Smt Punam Mahajan, the learned Advocate for the

Respondent No.4.

The learned P.O. informs that on the same OA came to be decided by

M.Aiand the matter izas

The O.A. is adjourned to 10.08.2017 with

liberty to both the sides to move early, in case any orderAade by the Hon'ble High Court with

reasonable- notice to the other side.

S.O. to 10.08.2017.

subject of matter,

the A'bad bench now pending before the Hon'ble High Court at A'bad bench. The learned P.O. submits that the

said matter is tomorrow on the board of Hon'ble

High Court.

(R.B. Malik) -2- Member (J) 25.07.2017

Admin

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R) J 2260(13) (50,000-2-2015) ISO.- MAT-F-2 E.

IN THE MAHARASHTIRA ADMINISTRATIVE TRIBUNAL MUMBAI


IN






Tribunal' s orders

Date : 25.07.2017.

0.A.No.916 of 2016 with O.A.No.1099 of 2016

M.B. Patil & Ors. (0.A.916/2016)

J.S. Phad & Ors. (0.A.1099/2016)

....Applicants.

Versus

The State of Maharashtra & Ors. Respondents.

1. Heard Smt. Punam Mahajan, the learned Advocate

for the Applicants in 0.A.No.916/2016, Shri M.D. Lonkar,

the learned Advocate for the Applicants in

0.A.No.1099/2016, Shri N.K. Rajpurohit, the learned Chief

Presenting Officer for the Respondents No.1 to 3 and Shri

A.V. Bandiwadekar, the learned Advocate for Respondents

No.4 to 16.

2. Shri M.D. Lonkar, the learned Advocate for the

Applicants has tendered the letter received by him from

applicants No.4 and 5 requesting that their names be

deleted from the array of applicants.

3. Applicants No.4 and 5 be deleted from the array of

applicants.

4. S.O. to 04.10.2017.

(A.H. Josl?1)17\'(-1 Chairman

ORAls1 rficm'hic JusJicc .SM: A. It. Joshi (Chairman)

A

:

, , ......... ... ....... ivocat^z far Applicant •<0. A • 11 61 1 4)

Stai . 176:•:"!•61::: . •

VAP0-4-327A--c!. oor the-Rerontleolis

kco. 16 11/i9 51(wi r.u, lieM)421-411e

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Shri A. H. Rishi (Chairman)

;ion

iii'PE,ARANCE :

14-V:1 4.4P.t.lr.Q.)11Y

4: for the Applicent 4.157/• Q.11)-) •

4=-F,siat.

Yf ro. for the Respontlentis

A-0V. •Pe/C - <On. 12-(411)

T„ • Vo.1.1 ... ..... . ........

A-tAti• M. p. Le t-V-24y 16104,45

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2

Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or


Tribunal' s orders

Date : 25.07.2017.

M.A.No.292 of 2017 in O.A.No.916 of 2016 with

O.A.No.1099 of 2016

The State of Maharashtra & Ors. Respondents (Org. Applicants).

Versus

M.B. Patil & Ors. (0.A.916/2016)

J.S. Phad & Ors. (0.A.1099/2016)

....Applicants (Org. Respondents).

1. Heard Shri N.K. Rajpurohit, the learned Chief

Presenting Officer for the Applicants (Org. Respondents),

Smt. Punam Mahajan, the learned Advocate for the

Respondents (Org. Applicants) in O.A.No.916/2016 and

Shri M.D. Lonkar, the learned Advocate for the

Respondents (Org. Applicants) in 0.A.No.1099/2016

2. Affidavit-in-reply filed by the State is taken on

record.

3. By consent of all parties; M.A. is allowed in terms of

prayer (a), which reads as below :-

This Hon'ble Tribunal may please to grant permission to proceed the process of promotions in the cadre of Additional Collector (Selection Grade) as recommended by Establishment Board in its meeting and approved by the Government subject to outcome of the present original

application." (Quoted prayer 5 (a) from page 3 of M.A. paper book)

(A.H. Jos

Chairman hirtr1—.)

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Admin

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1447.- 5'bie Si)ri it.. 11, IA (,)

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thr the P.evoliiheis

Tribunal's orders

O.A. No.480 of 2017 with

M.A. No.225 of 2017

H.K. Khandagale ... Applicant

V/ s.


Heard Shri V,V. Joshi, the learned

Advocate for the Applicant and Shri A.J. Chougule, the learned P.O. for the Respondents.

Issue notice returnable on 01.08.2017.

Tribunal may take the case for final disposal at this stage and separate notice for final disposal need not be issued.

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 O.A. Respondents are put to notice that the case would be taken up for final disposal at the stage of admission.

hearing.

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.

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 within four weeks. Applicant is directed to file Affidavit of compliance and notice.

S.O. to 01.08.2017. Learned P.O. do

waive service.

(R.B. Malik) Member (J) 25.07.2017

Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or directions and Registrar's orders

(vsm)

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O.A. No.626 of 2017

S.B. Wategaonkar ... Applicant

V/s.


Heard Shri A.S. Deshpande, the learned

Advocate for the Applicant and Smt. Archana B.K., the learned P.O. for the Respondents.



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 O.A. Respondents are put to notice that the case would be taken up for final disposal at the stage of admission hearing.

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.

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 within four weeks. Applicant is directed to file Affidavit of compliance and notice.

S.O. to 14.08.2017. Learned P.O. do waive service.

(R.B. Malik) 1 -13

Member (J)

25.07.2017

(vsm)

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Tribunal's orders Office Notes, Office Memoranda of Ceram,

Appearance, Tribunal's odors or directions and Registrar's orders

O.A. No.675 of 2017

A.D. Khade ... Applicant

V/ s.


Heard Shri V.P. Potbhare, the learned

Advocate for the Applicant and Smt. Archana B.K., the learned P.O. for the Respondents.



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 O.A: Respondents are put to notice that the case would be taken up for final disposal at the stage of admission hearing.

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.

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 within four weeks. Applicant is directed to file Affidavit of compliance and notice.

S.O. to 22.08.2017. Learned P.O. do

waive service.

(R.B. Malik) ̀7 1 Member (J) 25.07.2017

(vsm)

Admin

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P.11. MALIK (Member)

...

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(C C P ) J 2260(B) (50,000-2-2015) iSp1.- MAT-F-2 E.

IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI


IN






Tribunal' s orders

O.A. No.1197 of 2016

DAT: 9—SI 7/I

Shri S.M. Mane & Ors. ... Applicants

V/s.


Heard Shri V.V. Joshi, the learned

Advocate for the Applicants and Shri A.J.

Chougule, the learned P.O. for the Respondents.

By consent, this Original Application is

admitted and kept along with O.A. Nos.740 &

741/2016 on 01.08.2017.

S.O. to 01.08.2017.

(R.B. Malik) •ZS- 1 - Member (J.) 25.07.2017

Admin

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Office Notes, Office Memoranda of Comm,



Tribunal' s orders

(R.B. Malik) Member (J) 25.07.2017

(vsm)

(G E P ) • J 2260(B) (50,000-2-2015) [Sol.- MAT -P-2 E.



IN



O.A. No.224 of 2017

Shri S.M. Hirve ... Applicant

V/s.


D tau- 2-,..5-17- 1 11 co:"AN: Atvaj-.4. ""

Heard Shri V.V. Joshi, the learned

Advocate for the Applicant and Shri N.K.

Rajpurohit, the learned P.O. for the

Respondents.

Tlecase is made out for grant of stay to

the recovery by way of monthly installments.

The order dated 22.06.2016 impugned herein is

stayed till further orders and the OA is

adjourned to 08.08.2017. Hamdast.

Admin

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DATE: 2-.615117— cQJ :

shri R. S . MiltqC (M:nlbzr)

APP17,2 ^'t CF :

CL

' " .gr Pt:wndents

Pep 1 d)

2

Office Notes, Office Memoranda of Comm,



Tribunal's orders

M.A. No.148 2017 In O.A. No.289 2017

tu„ic.5 ... o ?I'S' 117 RQ-V Lk, ES R.3 .am n•R-2_,B)(/7 •

Shri S.G. Ramble V/s.


This is an application for condonation of

delay for bringing the 0.A. which delay is about

1 year and 11 months. I have perused the

record and proceedings and heard Shri V.V.

Joshi, the learned Advocate for the Applicant

and Shri A.J. Chougule, the learned P.O. for the

Respondents. Although the application is furiously

t' the learned P.O. but in my opinion, the

facts are such iail4eGoth on the grounds of legality and propriety, the M.A. will have to be

disposed of exactlyrthe same manner as the M.A. Nos.162, 163 86 164/2017 in O.A. Nos.327, 328

&, 329/2017 was disposed of. A part of that

order is being reproduced herein below:- "Although in strongly opposing this

application, the learned P.O. referred to the fact that the delay is long and periods are different in each one of these OAs. I find that course of action that I

adopted in deciding the M.A. No.627/2015 in O.A.

No.1116/2015 (Shri M.S.A.J. Inamdar V/s State

of Maharashtra), dated 17.01.2017 will surely have

to be adopted herein as well. Further it is clear from the circular issued by the Government in Law and Judiciary Department, dated 02.08.2017 an it is a

good authority to hold that these applicants

d will be

entitled to the same relief that the others got.

Further the general principle that applications such

as these must be approached liberally also inform

my mind. The delay in each one of these matters are hereby condoned. The applicants and the office of this tribunal shall take all steps necessary to get the

OAs listed before the appropriate bench for disposal

according to the law. Misc. Applications are allowed in these terms

with no order as to costs." This Misc. Application is accordingly

allowed with the direction given in the above

quote be complied with. No order as to costs.

(R.B. Member (J)

25.07.2017

... Applicant

(eam)

Admin

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(A.H.1 •

Chairman

J 2260(B) (,50.000-2-2015) [Sp).- MAT-F-2 E.



IN



Office Notes, Office Memoranda of Ceram, Appearance, Tribunal's orders or directions and Registrar's orders

Tribunal' s orders

Date : 25.07.2017.

O.A.No.288 of 2017

B.S. Bade ....Applicant.

Versus

The State of Maharashtra & Org. Respondents.

1. Heard Shri V.P. Potbhare, the learned Advocate for

the Applicant and Ms. S. Suryawanshi, the learned

Presenting Officer for the Respondents.

11- 21e)-(ail

Shri A. H. Jostii (Chairman)

Shr/S4,121.L. ,

Applicant

.5(411\/ eNr151"1, lbr the Respondent's

Ad). To ). -7/t2

2. At the request of Ms. S. Suryawanshi, the learned

Presenting Officer for the Respondents adjourned to

08.08.2017.

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Admin

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• CaltAlvi

• kii-irlde Slri (Chairman) '`.44+.44,444.444'1'1=!:.,r1r lhlonAct)-A

APPIARANCT! •

:,..V.013).):::1).(. --- Adl,•e!(':N.0 r LIE:, A ;ipli cant

.......... C. P.0 for tilo rto:Toorlonlis

ad). To ......... .. 2117'

.) (A.H. Josh'

Chairman

2


Appearance. Tribunal's orders or


Tribunal' s orders

Date : 25.07.2017.

O.A.No.634 of 2016

R.M. Lukade ....Applicant.

Versus


1. Heard Shri V.P. Potbare, the learned Advocate for

the Applicant and Shri K.B. Bhise, the learned Presenting

Officer for the Respondents.

2. Shri V.P. Potbare, the learned Advocate for the

Applicant prays as follows :-

Leave for amending the O.A. is required for

bringing on record subsequent developments and

to incorporate a challenge to order passed during

the pendency of this O.A., which be granted.

3. Leave to amend as prayed is granted.

4. Amended O.A. be served on the respondents today.

5. For reply to amended O.A., S.O. to 11.09.2017 with

notice that O.A. may be taken up for final disposal on due

date.

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.jgiflal p[Alea Lion • • v y (Au v

(Advocate........ , .......... . .. ..... .. . . . .... . • • • „ )

11.! .'7) 11

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(Presenting Olt ...............

Office Notes, Office Nlionovaniiit of Cot :Ala,

AppCciri.11100, Telill1.1113.1.S 01 der., oi.

divectionn Begi:-,tette'n order:,

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Admin

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Tribunal' s orders

DATE

Shri A. H. loshi (Chah'i.an)

:

Shri/S4trr • \ *1 ' fr. f.. Advocate lor tha App.:want

Shri iStra : 5't^) C.P.0 Y.O. for the Re.lpondentis

Adj. To C

(A.H. Jos iJ. Chairman

(G.C.P.) J 2200(B) (50.00-2-2015) 1Spl.- MAT-F-2 E.

IN THE MAHAR.ASHTRA ADMINISTRATIVE TRIBUNAL . MUMBAI


IN


Date : 25.07.2017.

C.A.No.24 of 2017 in 0.A.No.778 of 2015

M.H. Kothalkar ....Applicant.

Versus


1. Heard Shri V.P. Potbhare, the learned Advocate for

the Applicant and Ms. S. Suryawanshi, the learned

Presenting Officer for the Respondents.

2. Shri V.P. Potbhare, the learned Advocate for the

Applicant states that Applicant is satisfied with the

compliance.

3. In this background, present Contempt Application is

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disposed.

Admin

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wet 1-5171 1-01 )

A. IJ. Josh: (Chairman) Hn

APPEARANCF :

Ativiwatc :1i::!;4,rrplicant , Shri .......... c.p.o Ro. the 1(..,:sponclentis

Ad).

(A.H. Josh' J.

Chairman

2


Tribunal' s orders

Date • 25.07.2017.

O.A.No.42 of 2017

P.J. Pawar ....Applicant.

Versus


1. Heard Shri K.R. Jagdale, the learned Advocate for

the Applicant and Shri K.B. Bhise, the 'learned Presenting


2. As per the order of Division Bench dated

20.07.2017, Shri Ashish Kumar Singh, Principal Secretary

was directed to remain present today.

3. Shri K.B. Bhise, the learned Presenting Officer for

the Respondents states that today Shri Ashish Kumar

Singh, Principal Secretary, Public Works Department is not

present.

4. Learned P.O. for the Respondents is called to state

as to whether order dated 20.07.2017 is communicated to

Shri Ashish Kumar Singh.

5. Learned P.O. answers in affirmative and prays for

time for appearance of Shri Ashish Kumar Singh, Principal

Secretary, without assigning any reasons whatsoever,

5 c‘P 1-161,

el-11 ivJe_d 1.° • 6. Time for appearance is granted on the condition of

payment of costs of Rs.10,000/- to be paid by the officer

personally.

7. In view of the foregoing, adjourned to 02.09.2017.

8. Steno copy and Hamdast is allowed to learned P.O..

Learned P.O. is directed to communicate this order to the

Respondents.

Erk

Admin

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DATE

CO.kft..M :

Nc Jiistic?, Ski A H. Joshi (Chairman)

:

.... Advocate tier the Applicmit ........ CRO / P.O. for the Respondent's

Adj. To............ ..............

(AM. Joshi J.) Chairman

(C.C.P.) J 2260(13) (50,000-2-2015)

(Sul.- MAT-F-2 IN THE MAIIILRASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI


IN


FARAD CONTINUATION SHEET NO. Office Notes, Office Memoranda of Ceram,

Appearance, Tribunal's orders or directions and Registrar's orders Tribunal's orders

Date : 25.07.2017.

0.A.No.504 of 2017 with M.A.No.236 of 2017

R.B. Mandke

Versus ....Applicant.

prk

The State of Maharashtra & Ors. ..... Respondents. 1.

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

Applicant and Ms. S. Suryawanshi, the learned Presenting,


2. Shri A.R. Joshi, the learned Advocate for the

Applicant prays for leave to substitute memo of M.A. as

well as O.A..

3. Leave to substitute M.A. and O.A. is granted.

Amended copy be served upon the Respondents forthwith.

4. S.O. to 02.08.2017.

Admin

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Admin

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cpaAm :

wt n'hle Justice Shri A. H. Joshi (Chairman) Hu

APPEARANCE :

Advocate for the Applicant

Shri /,Sert.7• 17< Olni .P.o P.O.for the Respondents

Ad j. To 9 1 2-61? • S.O. to 02.08.2017.

(A.H. Joshi

Chairman

laC P.) J 2260(8) ( 50,000-2-2015) (Sp.- 1 MAT-F-2 E.

IN THE MAIIARASIITILA. ADMINISTRATIVE TRIBUNAL MUMBAI


IN



Office Notes, Office Memoranda of Ceram,


directions and Registrar's orders Tribunal' s orders

Date : 25.07.2017.

O.A.No.356 of 2017

0(

K.N. Naik ....Applicant.

Versus


1. Heard Shri M.D. Lonkar, the learned Advocate for

the Applicant and Shri K.B. Bhise, the learned Presenting


2. Shri M.D. Lonkar, the learned Advocate for the

Applicant prays for leave to correct the nomenclature of

Respondent No.2.

3. Leave as prayed for is granted.

4. Shri K.B. Bhise, the learned Presenting Officer for

the Respondents prays for time till 02.08.2017.

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Admin

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(A.H. Joshi J.

Chairman

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(G.C.13.1 J 22(j018) (5O000-2-2015) •

ISp1.- MAT-F-2 E. IN THE MAIIARASI-ITRA. ADMINISTRATIVE TRIBUNAL

MUMBAI

M.A./R.A./C.A. No.. of 20

IN




Appearance, Tribunal's orders or directions and Registrar's orders Tribunal's orders

Date : 25.07.2017.

0.A.No.262 of 2017

A.S. Yadav ....Applicant.

Versus


TV

1. Heard Shri H. Surve, the learned Advocate for the

Applicant and Smt. Archana B.K., the learned Presenting


2. Smt. Archana B.K., the learned Presenting Officer

for the Respondents has tendered the affidavit-in-reply on

behalf of Respondent No.1. The said affidavit-in-reply is

affirmed by Shri Pavan V. Chandak, Tahsildar (Revenue),

office of District Collector, Mumbai. It is taken on record. •

3. Admit. To come up in due course.

DATE : SA.,19-ek CC.kaAfAl

Finhk .ilsticc.SlIti A. H. Joshi (Chairman)

APPEARAT.,ICIl

.(11--

1-41.Acivc,....ate for 11: Applicant

: ek) tlf\el.t.4) 'e) .. 0C.P.0 / P.O. for the Restpondent/s

Adj. To cjaglg, arkte__

Admin

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in the maharashtra. administrative tribunal …

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