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Dias Matters 8.2.2024

The document contains multiple cases presided over by Hon’ble Shri Justice M.G. Giratkar, with various applicants and respondents represented by their respective counsels. Several cases have been scheduled for future hearings, with specific dates set for filing replies or for final hearings. The document indicates ongoing legal proceedings and requests for time extensions from the parties involved.

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Rahul DPS
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© © All Rights Reserved
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0% found this document useful (0 votes)
39 views80 pages

Dias Matters 8.2.2024

The document contains multiple cases presided over by Hon’ble Shri Justice M.G. Giratkar, with various applicants and respondents represented by their respective counsels. Several cases have been scheduled for future hearings, with specific dates set for filing replies or for final hearings. The document indicates ongoing legal proceedings and requests for time extensions from the parties involved.

Uploaded by

Rahul DPS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 80

O.A. 1072/2021 (S.B.

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Smt. K.N. Saboo, ld. counsel for
applicant and Shri V.A. Kulkarni, ld. P.O. for
respondents.

2. At the request of ld. counsel for


applicant, S.O. 27/02/2024.

Vice Chairman
dnk.
O.A. 1180/2022 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Gadge, ld. counsel for applicants
and Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. counsel for


applicants, S.O. after one week.

Vice Chairman
dnk.
O.A. 12/2024 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri R.M. Fating, ld. counsel for applicant
and Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. P.O., S.O. after four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 1160/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Vivek Awchat, ld. counsel for
applicant and Shri V.A.Kulkarni, ld. P.O. for R-1
to 3.

2. Mrs. Dipti Bhoyar appears for respondent


no.4 and submits that she will file Vakalatnama.
S.O. two weeks.

Vice Chairman
dnk.
O.A. 1106/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
None for applicant. Shri V.A. Kulkarni, ld.
P.O. for respondents.

2. At the request of ld. P.O., S.O. after four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 879/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Bharat Kulkarni, ld. counsel for
applicant and Shri V.A. Kulkarni, ld. P.O. for
respondents.

2. At the request of ld. P.O., S.O. after


three weeks for filing reply as a last chance.

Vice Chairman
dnk.
O.A. 865/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri A. Motlag, ld. counsel for applicant
and Shri V.A. Kulkarni, ld. P.O. for R-1. None
for R-2.

2. At the request of ld. P.O., S.O. four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 864/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri A. Motlag, ld. counsel for applicant
and Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. P.O., S.O. four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 732/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Sonal Bagde, ld. counsel holding for Shri
R.S. Khobragade, ld. counsel for applicant and
Shri V.A. Kulkarni, ld. P.O. for respondents.

2. On last date specific order was passed


that if the reply is not filed today, the O.A. will be
admitted. Today also learned P.O. seeks time to
file reply.

3. In view of the order passed on the earlier


date, the O.A. is admitted and kept for final
hearing. The ld. P.O. waives notice for
respondents.

S.O. 28/02/2024 for final hearing.

Vice Chairman
dnk.
O.A. 767/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri A. Motlag, ld. counsel holding for
Shri N.R. Saboo, ld. counsel for applicant and
Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. P.O., S.O. after


three weeks for filing reply.

Vice Chairman
dnk.
O.A. 106/2024 (D.B.)

( P.D. Godeswar & 8 Ors. Vs. State of Mah. Ors.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A. No.46/2024 -
Heard Shri M.A. Sable, learned counsel for applicants and Shri S.A. Deo, learned
CPO for the State.

2. All the applicants are claiming same relief. Looking to the submission, the C.A. for
filing Jt. O.A. is allowed and disposed of.

O.A. 106/2024 –

Heard Shri M.A. Sable, learned counsel for applicants and Shri S.A. Deo, learned
CPO for the State.

2. The learned counsel for applicants submitted that the applicants are not promoted on
the ground that the applicants have not passed the professional examination and
therefore prayed for interim relief for direction to the respondents to promote the
applicants

3. Heard learned CPO. He has pointed out the relief clause in the O.A.

4. From the perusal of the relief clause, the applicants are praying for direction to the
respondents to promote them as per the list dated 31/01/2024 and the interim relief is
also on the same footing. If the interim relief is granted at this stage, then the O.A. itself is
likely to be decided finally. If the applicants are entitled for promotion, they will be
definitely given it along with all the monetary benefits etc. Therefore, at this stage, the
interim relief cannot be granted.

5. Issue notice to the respondents returnable in four weeks. Learned C.P.O. waives
notice for State. Hamdast allowed.

6. Tribunal may take the case for final disposal at this stage and separate notice for final
disposal shall not be issued.
7. 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.
Respondent is put to notice that the case would be taken up for final disposal at the stage
of admission hearing.

8. 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.

9. 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 one week. Applicant is directed to file Affidavit of compliance and notice.

10. In case notice is not collected within three days and if service report on affidavit is
not filed three days before returnable date. Original Application shall stand dismissed
without reference to Tribunal and papers be consigned to record.

S.O. four weeks.

Steno copy is granted…

Vice Chairman
dnk.
O.A. 674/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Walde, ld. counsel holding for Shri
S.B. Solanke, ld. counsel for applicants and Shri
V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. counsel for


applicants, S.O. after three weeks for filing
reply as a last chance.

Vice Chairman
dnk.
O.A. 424/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri G.G. Bade, ld. counsel for applicant
and Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. P.O., S.O. after two


weeks for filing reply.

Vice Chairman
dnk.
O.A. 220/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri S.M. Khan, ld. counsel for applicant,
Shri H.K. Pande, ld. P.O. for R-1&2 and Shri
Bhagbhuje, ld. counsel holding for Shri
Bhangde, ld. counsel for respondent no.3.

2. At the request of learned counsel for R-3


seeks time to file reply.

3. The reply of R-2 is already filed on


record. Time is granted as a last chance. On the
next date, the O.A. will be admitted.

S.O. 20/02/2024.

Vice Chairman
dnk.
(S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A.176/2023 in C.A. 177/2023 in Rev.A.
15/2021 in O.A.818/2017 -
None for applicant. Shri V.A. Kulkarni, ld.
P.O. for respondents.

At the request of ld. P.O., S.O. after four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 45/2022 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A. 617/2023 -
Heard Shri A.D. Patil, ld. counsel for
applicants and Shri V.A. Kulkarni, ld. P.O. for
respondents.

2. By filing the C.A., the ld. counsel for


applicant submitted that applicant nos.1 and 8
are not interested to continue this O.A. and grant
permission to respondent no.5 to act as
authorised representative for herself.

3. In view of above, permission is granted


to delete the names of applicant nos.1 and 8.

3. In view of above, the C.A. is allowed and


disposed of.

O.A. 45/2022 –

S.O. after two weeks.

Vice Chairman
dnk.
O.A. 730/2022 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A. No. 303/2022 -
Heard Shri P.V. Thakre, ld. counsel for
applicants and Shri V.A. Kulkarni, ld. P.O. for
respondents.

2. Looking to the ground, the C.A. for filing


Jt. O.A. is allowed and disposed of.

C.A. No. 43/2024 -


Heard Shri P.V. Thakre, ld. counsel for
applicants and Shri V.A. Kulkarni, ld. P.O. for
respondents.

2. Looking to the ground, the C.A. for


amendment is allowed and disposed of.

O.A. 730/2022 –

S.O. after one week.

Vice Chairman
dnk.
O.A. 592/2018 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
None for applicant. Shri V.A. Kulkarni, ld.
P.O. for respondents.

2. At the request of ld. P.O.,S.O. after


three weeks for filing reply.

Vice Chairman
dnk.
O.A. 746/2022 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Bhattacharya, ld. counsel holding for
Shri N.S. Warulkar, ld. counsel for applicant and
Shri H.K. Pande, ld. P.O. for respondents.

2. At the request of ld. counsel for


applicant, S.O. after two weeks.

Vice Chairman
dnk.
O.A. 153/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri S.M. Khan, ld. counsel for applicant,
Shri A.P. Potnis, ld. P.O. for R-1&2 and Shri
Laxmi Mallewar, ld. counsel for R-3.

S.O. 04/03/2024 (PH).

Vice Chairman
dnk.
O.A. 119/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri S.P. Palshikar, ld. counsel for
applicant and Shri H.K. Pande, ld. P.O. for
respondents.

2. At the request of ld. P.O., S.O. 29/2/2024


(PH).

Vice Chairman
dnk.
O.A. 693/2023 (S.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri G.G. Bade, ld. counsel for applicant
and Shri S.A. Sainis, ld. P.O. for respondents.

By consent of ld. counsel for both the


parties, S.O. 23/02/2024 (PH).

Vice Chairman
dnk.
O.A. 908/2019 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Smt. K.N. Saboo, ld. counsel for
applicant, Shri S.A. Sainis, ld. P.O. for R-1&2
and Shri Majthiya, ld. counsel for R-3.

2. At the request of ld. counsel for


applicant, S.O. 28/02/2024.

Vice Chairman
dnk.
O.A. 207/2018 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri G.G. Bade, ld. counsel for applicant
and Shri S.A. Sainis, ld. P.O. for respondents.

Put up before regular D.B. as and when


available.

Vice Chairman
dnk.
C.P. 47/2023 in O.A. 579/2018 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri G. K. Bhusari, ld. counsel for
applicant and Shri S.A. Sainis, ld. P.O. for R-1.

The applicant has not collected hamdast


for R-2.

S.O. after four weeks.

Vice Chairman
dnk.
O.A. 27/2022 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A. 22/2024 -
Heard Shri S.Y. Deopujari, ld. counsel for
applicant and Shri S.A. Sainis, ld. P.O. for
respondents.

2. As per the submission of learned counsel


for applicant, the departmental enquiry is
completed on 7/8/2023. Till date final order is
not passed by the Disciplinary Authority. Hence,
prayed for direction to produce result of the
enquiry report. The applicant is facing
departmental enquiry from 7/9/2020. Since last
three years the respondents have not decided
the departmental enquiry.

3. The respondents are directed to declare


the final result of the departmental enquiry within
four weeks.

4. In view of above, the C.A. is allowed and


disposed of.

O.A. 27/2022

S.O. after four weeks. Put up along with


connected O.A.

Vice Chairman
dnk.
O.A. 304/2022 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri S.Y. Deopujari, ld. counsel for
applicant and Shri S.A. Sainis, ld. P.O. for
respondents.

S.O. after four weeks.

Put up along with connected O.A.

Vice Chairman
dnk.
(D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
C.A. 259/2023 and C.A. 405/2022 in O.A.St.
2268/2022 -

Payal Kaware, ld. counsel holding for


Shri H.D. Futane, ld. counsel for applicant and
Shri V.A. Kulkarni, ld. P.O. for R-1 to 3. Await
service of R-4.

At the request of ld. counsel for


applicant, S.O. Next week.

Vice Chairman
dnk.
O.A. 771/2022 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri M.R. Khan, ld. counsel for applicant
and Shri V.A. Kulkarni, ld. P.O. for respondents.

2. At the request of ld. P.O., S.O. after


three weeks for filing reply of other
respondents.

Vice Chairman
dnk.
O.A. 51/2023 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Heard Shri S.P. Palshikar, ld. counsel for
applicant and Shri M.I. Khan, ld. P.O. for
respondents.

2. The learned P.O. files reply of R-1&2. It


is taken on record.

3. The matter is admitted and kept for final


hearing. The ld. P.O. waives notice for
respondents.

4. The learned counsel for applicant


submits that this O.A. is covered by the
Judgments of the Hon’ble Supreme Court in the
case of Union of India Vs. K.V. Jankiraman &
Ors. and in the case of Union of India & Ors.
Vs. Anil Kumar Sarkar. Therefore, the present
O.A. can be decided by this Tribunal.

S.O. 01/03/2024.

Vice Chairman
dnk.
O.A. 179/2023 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Heard Shri G.N. Khanzode, ld. counsel
for applicant and Shri A.P. Potnis, ld. P.O. for
respondents.

2. The ld. P.O. files reply of R-4. It is taken


on record. The ld. P.O. submits that said reply is
sufficient to decide the matter.

3. The matter is admitted and kept for final


hearing. The ld. P.O. waives notice for
respondents.

S.O. 5/3/2024.

Vice Chairman
dnk.
O.A. 1149/2023 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Rani Nitnaware, ld. counsel for
applicants and Shri M.I. Khan, ld. P.O. for R-1.
Await service of R-2 to 9.

2. The learned counsel for applicants


submits that the respondents are served.

3. The learned P.O. has pointed out the title


of O.A. As per his submission, respondent
nos.5,6 and 7 are made parties by their names,
they are not necessary parties.

4. The learned counsel for applicants is


directed to show as to how they are necessary
parties.

S.O. 26/02/2024.

Vice Chairman
dnk.
O.A. 10/2024 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri M.R. Khan, ld. counsel for applicant
and Shri M.I.Khan, ld. P.O. for respondents.

At the request of ld. P.O., S.O. four


weeks for filing reply.

Vice Chairman
dnk.
O.A. 27/2024 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri A.D. Girdekar, ld. counsel for
applicant and Shri A.M. Khadatkar, ld. P.O. for
R-1. Await service of R-2&3.

2. The learned counsel for applicant


submitted that the respondents are served and
he will file service affidavit within one week.

3. At the request of ld. P.O., S.O. after four


weeks for filing reply.

Vice Chairman
dnk.
C.P. 56/2023 in O.A. 550/2022 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Heard Shri R.M. Fating, ld. counsel for
applicant and Shri H.K. Pande, ld. P.O. for
respondents.

2. The learned P.O. has filed on record


communications dated 16/1/2024 and
24/1/2024. Those are marked Exh-X and X1 for
identification.

3. The learned P.O. submitted that the


proceeding to comply the further order to pay
the pension and pensionary benefits is under
process.

4. The ld. P.O. seeks time to comply the


order within four weeks.

5. The respondents are directed to comply


the order of this Tribunal within four weeks
without fail.

S.O. after four weeks.

Vice Chairman
dnk.
C.P. 122/2023 in O.A. 758/2000 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri R.R. Dhawad, ld. counsel for the
applicant and Shri S.A. Sainis, ld. P.O. for
respondents.

2. The learned counsel for applicant


submits that he is withdrawing this contempt
petition and will file another O.A., if required.

3. The Contempt Petition is disposed of


with liberty to take necessary action or file O.A. if
permissible by law.

Vice Chairman
dnk.
O.A. 675/2019 with C.A. 340/2020 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri R.V. Shiralkar, ld. counsel for
applicant and Shri M.I. Khan, ld. P.O. for
respondents.

Put up before regular D.B. as and when


available.

Vice Chairman
dnk.
O.A. 784/2019 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Heard Shri R.V. Shiralkar, ld. counsel for
applicants and Shri H.K.Pande, ld. P.O. for
respondents.

2. The learned counsel for applicants


submitted that this O.A. is covered by the
Judgment of this Tribunal in O.A. 785/2014,
decided on 13/2/2017 and the Judgment of
M.A.T., Aurangabad in O.A.5 & 6 of 2015,
decided on 16/8/2017. Therefore he submits
that this Tribunal can decide the present O.A.

3. The learned P.O. wants to go through


the said Judgments. At his request, S.O.
6/3/2024.

Vice Chairman
dnk.
O.A. 997/2022 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
The applicant in person present. Shri
S.A. Sainis, ld. P.O. for respondents.

Put up before regular D.B. as and when


available.

Vice Chairman
dnk.
O.A. 344/2023 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri Joshi, ld. counsel holding for Shri
S.N. Gaikwad, ld. counsel for applicant and Shri
S.A. Sainis, ld. P.O. for respondents.

Put up before regular D.B. as and when


available.

Vice Chairman
dnk.
O.A. 368/2023 (D.B.)

Coram: Hon’ble Shri Justice M.G. Giratkar,


Vice Chairman.
Dated : 08/02/2024.
Shri S.P. Palshikar, ld. counsel for
applicant and Shri S.A. Sainis, ld. P.O. for
respondents.

2. The learned counsel for the applicant


submitted that the present O.A. is covered by
this Judgment of this Tribunal and Hon’ble High
Court, etc.

S.O. 16/02/2024 (PH).

Vice Chairman
dnk.
**
O.A.No.477/2018 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri D.R.Rupnarayan, ld. Counsel for


the applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents.
2. Learned counsel for the applicant prays for
issuing fresh notice to respondent no.4.
3. Issue fresh notice to Respondent no.4,
returnable after four weeks. Learned P.O. waives
notice for State. Hamdast allowed.

4. Tribunal may take the case for final disposal


at this stage and separate notice for final disposal
shall not be issued.

5. 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. Respondent is put to
notice that the case would be taken up for final
disposal at the stage of admission hearing.

6. 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.

7. 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 one week.
Applicant is directed to file Affidavit of compliance
and notice.
8. In case notice is not collected within three
days and if service report on affidavit is not filed
three days before returnable date. Original
Application shall stand dismissed without reference
to Tribunal and papers be consigned to record.

9. S.O. after four weeks.

Member(J)

rsm.
O.A.No.886/2020 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicant. Shri A.P.Potnis, ld.


P.O. for the respondents 1 to 3. None for the
respondent no.4.
2. Reply of respondents 1 to 3 filed by learned
P.O. is taken on record. It is stated to be sufficient.
The O.A. is admitted and kept for final hearing.
3. Learned P.O. waives notice for the
respondents.
4. S.O. third week of March.

Member(J)

rsm.
O.A.No.517/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri G.G.Bade, ld. Counsel for the


applicant and Shri A.P.Potnis, ld. P.O. for the
respondents.
2. Reply of respondents 2 to 4 filed by learned
P.O. is taken on record. It is stated to be sufficient.
The O.A. is admitted and kept for final hearing.
3. Learned P.O. waives notice for the
respondents.
4. S.O. third week of March.

Member(J)

rsm.
O.A.No.571/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri G.G.Bade, ld. Counsel for the applicant


and Shri A.P.Potnis, ld. P.O. for the respondents.
Await service of respondents 2 to 5.
2. Learned counsel for the applicant seeks time
of three weeks for taking steps.
3. S.O. three weeks.

Member(J)

rsm.
O.A.No.364/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri A.P.Sadavarte, ld. Counsel for the


applicant and Shri A.P.Potnis, ld. P.O. for the
respondent no.1. None for the respondents 2 and 3.
2. On oral request of learned P.O., S.O. three
weeks for filing reply.

Member(J)

rsm.
O.A.No.399/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri G.G.Bade, ld. Counsel for the applicant


and Shri A.P.Potnis, ld. P.O. for the respondents.
Await service of respondent no.3.
2. S.O. three weeks for steps.

Member(J)

rsm.
O.A.No.745/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri A.P.Sadavarte, ld. Counsel for the


applicant and Shri S.A.Sainis, ld. P.O. for the
respondents.
2. Reply of respondents 2 to 4 filed by learned
P.O. is taken on record. It is stated to be sufficient.
The O.A. is admitted and kept for final hearing.
3. Learned P.O. waives notice for the
respondents.
4. S.O. third week of March.

Member(J)

rsm.
O.A.No.885/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri G.G.Bade, ld. Counsel for the applicant


and Shri A.P.Potnis, ld. P.O. for the respondents.
2. Reply of respondents 3 to 6 filed by learned
P.O. is taken on record. It is stated to be sufficient.
The O.A. is admitted and kept for final hearing.
3. Learned P.O. waives notice for the
respondents.
4. S.O. two weeks.

Member(J)

rsm.
O.A.No.1192/2023 with O.A.No.1193/2023
with O.A.No.1194/2023 with
O.A.No.1195/2023 with O.A.No.1196/2023
with O.A.No.1197/2023 with
O.A.No.1198/2023 with O.A.No.1199/2023
with O.A.No.1200/2023 with
O.A.No.1201/2023 with O.A.No.1202/2023
with O.A.No.1203/2023 with
O.A.No.1204/2023 with O.A.No.1205/2023
(S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicants. Shri A.P.Potnis, ld.


P.O. for the respondents.
2. On oral request of learned P.O., S.O. three
weeks for filing reply.

Member(J)

rsm.
O.A.No.1278/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri P.S.Wathore, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents.
2. The applicant has placed on record various
representations made by him which are collectively
marked Annexure A-4. The last of these
representations is dated 21.03.2023. By these
representations the applicant is requesting for
transfer to Government Science Institute at Nagpur.
3. It is submitted by Advocate Shri P.S.Wathore
for the applicant that purpose behind filing this O.A.
shall be served for the time being if respondent no.1
is directed to decide last representation made by
him which is dated 21.03.2023 within stipulated
time. Case is made out to issue such directions.
Respondent no.1 shall decide representation dated
21.03.2023 made by the applicant at the time of
considering transfers and postings in ensuing
Annual General Transfers, on its own merits and in
the light of various provisions/guidelines. With
these directions O.A. is disposed of. No order as
to costs.

Member(J)

rsm.
O.A.No.1306/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

C.A.No.661/2023

Heard Shri G.Gadge, ld. Counsel for the


applicant and Shri S.A.Sainis, ld. P.O. for the
respondents.
2. C.A. for Jt. O.A. is allowed.
3. It is submitted that the respondents are
served and within two weeks service affidavit will be
filed.
4. On oral request of learned P.O., S.O. one
week for filing reply.

Member(J)

rsm.
O.A.No.34/2024 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri S.K.Bhattacharya, ld. Counsel for the


applicant and Shri M.I.Khan, ld. P.O. for the
respondents.
2. On oral request of learned P.O., S.O. next
week for filing reply.

Member(J)

rsm.
O.A.No.799/2015 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri S.U.Nemade, ld. Counsel for the


applicant, Shri M.I.Khan, ld. P.O. for the respondents
1 & 2 and Shri S.S.Dhengale, ld. Counsel for the
respondent no.3.
2. S.O. after three weeks.

Member(J)

rsm.
O.A.No.66/2019 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Mrs.K.N.Saboo, ld. Counsel for the


applicant and Shri M.I.Khan, ld. P.O. for the
respondents.
2. Closed for Orders.

Member(J)

rsm.
O.A.No.534/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri D.M.Totey, ld. Counsel for the


applicant and Shri S.A.Sainis, ld. P.O. for the
respondents.
2. Closed for Orders.

Member(J)

rsm.
O.A.No.441/2017 with O.A.No.442/2017
(S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri G.G.Bade, ld. Counsel for the applicants


and Shri A.M.Khadatkar, ld. P.O. for the respondents.
2. On oral request of learned P.O., S.O. four
weeks.

Member(J)

rsm.
O.A.No.615/2019 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Ms.R.Gosawi holding for Shri G.N.Khanzode,


ld. Counsel for the applicant and Shri A.M.Khadatkar,
ld. P.O. for the respondents.
2. On oral request of learned P.O., S.O. three
weeks.

Member(J)

rsm.
O.A.No.224/2020 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Mrs.K.N.Saboo holding for Shri N.R.Saboo, ld.


Counsel for the applicant and Shri A.M.Khadatkar, ld.
P.O. for the respondents.
2. On oral request of learned counsel for the
applicant, S.O. two weeks.

Member(J)

rsm.
O.A.No.912/2020 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri N.D.Thombre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents.
2. S.O. 27.02.2024.

Member(J)

rsm.
O.A.No.399/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicant. Shri A.M.Khadatkar,


ld. P.O. for the respondents.
2. On oral request of learned P.O., S.O. four
weeks.

Member(J)

rsm.
O.A.No.515/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri S.P.Palshikar, ld. Counsel for the


applicant and Shri V.A.Kulkarni, ld. P.O. for the
respondents.
2. S.O. 14.02.2024.

Member(J)

rsm.
O.A.No.529/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri P.C.Marpakwar, ld. Counsel for the


applicant and Shri V.A.Kulkarni, ld. P.O. for the
respondents.
2. Learned P.O. seeks time to take instructions
from the respondents 1, 2 and 4 before conducting
the matter.
3. S.O. 23.02.2024.

Member(J)

rsm.
O.A.No.697/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicant. Shri A.M.Khadatkar,


ld. P.O. for the respondents.
2. S.O. four weeks.

Member(J)

rsm.
O.A.No.774/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicant. Shri A.M.Khadatkar,


ld. P.O. for the respondents 1 to 3. None for the
respondents 4 and 5.
2. S.O. four weeks.

Member(J)

rsm.
O.A.No.826/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri P.N.Warjukar, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents.
2. On oral request of learned P.O., S.O.
12.02.2024.

Member(J)

rsm.
O.A.No.1170/2022 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Mrs.K.N.Saboo, ld. Counsel for the applicant


and Shri A.M.Khadatkar, ld. P.O. for the respondents.
2. On oral request of learned counsel for the
applicant, S.O. one week.

Member(J)

rsm.
O.A.No.101/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

None for the applicant. Shri A.M.Khadatkar,


ld. P.O. for the respondents.
2. S.O. after four weeks.

Member(J)

rsm.
O.A.No.579/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri R.M.Fating, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents.
2. Pursis is filed by learned Advocate for the
applicant for withdrawing this O.A.. The applicant is
present in person. Application made by the
applicant himself is attached to pursis. The O.A. is
disposed of as withdrawn. No order as to costs.

Member(J)

rsm.
O.A.No.866/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri S.Marathe, ld. Counsel for the


applicant and Shri V.A.Kulkarni, ld. P.O. for the
respondents.
2. Closed for Orders.

Member(J)

rsm.
O.A.No.908/2023 with C.A.No.587/2023
(S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Mrs.K.N.Saboo, ld. Counsel for the applicant


and Shri A.M.Khadatkar, ld. P.O. for the respondents.
2. On oral request of learned counsel for the
applicant, S.O. one week.

Member(J)

rsm.
O.A.No.950/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri Y.N.Thengre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents 1 to 3. None for the respondent no.4.
2. S.O. three weeks.

Member(J)

rsm.
O.A.No.951/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri Y.N.Thengre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents 1 to 3 and 5 to 8. None for the
respondent no.4.
2. S.O. three weeks.

Member(J)

rsm.
O.A.No.952/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri Y.N.Thengre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents 1 to 3 and 5 & 6. None for the
respondent no.4.
2. S.O. three weeks.

Member(J)

rsm.
O.A.No.953/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri Y.N.Thengre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents 1 to 3 and 5 to 9. None for the
respondent no.4.
2. S.O. three weeks.

Member(J)

rsm.
O.A.No.1021/2023 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Shri Y.N.Thengre, ld. Counsel for the


applicant and Shri A.M.Khadatkar, ld. P.O. for the
respondents 1 to 3 and 5 & 6. None for the
respondent no.4.
2. S.O. three weeks.

Member(J)

rsm.
O.A.No.117/2024 (S.B.)

Coram : Hon’ble Shri M.A.Lovekar, Member (J)


Dated : 08/02/2024.

Heard Shri P.S.Wathore, ld. Counsel for the applicant and Shri S.A.Deo, ld. C.P.O. for the
respondents.
2. By order dated 04.10.2023 the applicant was transferred to Wardha. By the impugned
order dated 31.01.2024 (Annexure A-1) he has been transferred from Wardha to Bhamragad,
District Gadchiroli. The impugned order states that it has been passed after following Sub-
Sections 4 and 5 of Section 4 of Maharashtra Government Servants Regulation of Transfer and
Prevention of Delay in Discharge of Official Duties Act, 2005, and in view of directions received
from Election Commission of India dated 21.12.2023.
3. It is submitted that the impugned order is contrary to direction no.3 in letter dated
21.12.2023. This direction reads as under-
3. Hence, the Commission has decided that no officer connected directly
with elections shall be allowed to continue in the present district
(revenue district) of posting:-
(i) if she/he is posted in her/his home district.
(ii) if she/he has completed three years in that district during
last four (4) years or would be completing 3 years on or before
30th June, 2024.
While calculating the period of three years, promotion to a post
within the district is to be counted.
4. It is submitted that the applicant’s Home District is Amravati and he was posted at
Wardha. It is further submitted that by 30th June, 2024 he will not be completing three years on
his post at Wardha. On these grounds following interim relief is prayed for-
i) This Hon'ble Tribunal be pleased to grant stay the effect operation and
implementation of the impugned transfer order dated 31/1/2024
passed by the respondent no.1 Annexure A-1 and allow the applicant to
serve as was before the impugned transfer order with all consequential
service benefits.
5. In support of prayer for grant of interim order the applicant has relied on order dated
06.02.2024 passed by Aurangabad Bench of this Tribunal in O.A.No.102/2024.
6. In reply, it is submitted by learned C.P.O. that on 05.02.2024 the applicant was relieved
as reflected in order dated 05.02.2024 (Annexure A-4) and therefore there would be no question
of granting interim relief as sought by the applicant. I prima facie I find merit in this submission.
Learned Advocate for the applicant could not point out from order dated 06.02.2024 passed by
Aurangabad Bench that the applicant in the said O.A. was also relieved.
5. Issue notice to Respondents, returnable on 20.02.2024. Learned C.P.O. waives notice
for State. Hamdast allowed.

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

7. 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. Respondent is
put to notice that the case would be taken up for final disposal at the stage of admission hearing.

8. 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.

9. 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 one week.
Applicant is directed to file Affidavit of compliance and notice.

10. In case notice is not collected within three days and if service report on affidavit is not
filed three days before returnable date. Original Application shall stand dismissed without
reference to Tribunal and papers be consigned to record.

11. S.O. 20.02.2024.

12. Steno copy is granted.

Member(J)

rsm.

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