in the maharashtra administrative tribunal mumbai

(G.C.P.) J 2737 (50,000-4-2019) fSp1.- MAT-F-2 E.

IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI

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

I N

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

22.04.2022

0.A 477/2021

hri S.R Jadhav ... Applicant Vs.

The State of Maharashtra & Ors ... Respondents

1. Heard Ms Savita Suryavanshi, holding for Shri V.V Joshi, learned advocate for the applicant and Ms Archana B.K, learned P.O for the Respondents.

2. Interim relief to continue till next date.

3. S.0 to 8.6.2022.

I (Mridula Bhatkar, J.) Chairperson

Medha Gadgil) Member (A)

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(Medha Ga gil) Member(A) Chairperson

(Mridula Bhatkar, J.)

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

Tribunal' s orders

Date : 22.04.2022

O.A.No.1235 of 2019 (Mumbai) with 0.A.No.111 of 2020 (Mumbai) with O.A.No.224 of 2020 (Mumbai) with

O.A.215/2020 with M.A.49/2021 (A'bad) with O.A.No.443/2020 (A'bad) with O.A.No.42/2021 (A'bad) with

0.A.No.15/2022

M.K. Shivsaran & Ors. ....Applicants

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

1. Dr. Gunratan Sadavarte, learned Advocate

for the Applicants in O.A.No.1235/2019 is absent.

Heard Mr. A.A. Deshmukh, learned Advocate for the

Applicant in 0.A.No.111/ 2020, Mr. Shantanu

Raktate, learned Advocate for the Applicant in

O.A.No.224/2020, Mr. J.S. Deshmukh, learned

Advocate for the Applicant in O.A.215/2020 with

M.A.49/2021 & O.A.No.443/2020, Mr. S.D. Munde,

learned Advocate for the Applicant in

O.A.No.42/2021, Ms. Sonali Pawar, learned

Advocate for the Applicant in O.A.No.15/2022 and

Ms. S.P. Manchekar, learned Chief Presenting

Officer for the Respondents. Some Applicants are

present.

2. Learned Advocate Mr. Deshmukh has

requested for permission to make amendment in

0.A.No.15/2022.

3. Permission granted. Amended copy to be

served upon learned C.P.O. and other concerned.

4. Today learned Advocate Mr. Shantanu

Raktate has cited the judgment of Honble Supreme

Court in the case of Bihar Staff Selection

Commission and Others Versus Arun Kumar and

Others reported in (2020) 6 SCC 362. Taken on

record. Copy is also served upon learned C.P.O.

5. Applicants who are present in-person are

willing to bring on record the model answer paper of

Amravati Board wherein marks are given for the

steps. The same is to be placed on record through

affidavit along with other relevant documents.

6. Adjourned to 13.06.2022.

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Tribunal's orders

Date : 22.04.2022

O.A.No.614 of 2014 with O.A.No.938 of 2016

D.E. Hirde (0.A.614/2014) V.V. Chavan (0.A.938/2016) ....Applicants


1. Mr. A.A. Desai, learned Advocate for the

Applicant in O.A.No.614/2014 is absent. Heard Mr.

S.S. Dere, learned Advocate for the Applicant in

O.A.No.938/2016 and Ms. Archana B.K., learned

Presenting Officer for the Respondents.

2. Learned Advocate Mr. Dere seeks time to

find out judgment in the case law on the ground of

ceased to be surplus as the query was made by this

Tribunal.

3. Matter is fixed on 26.04.2022 for the

Respondents to produce the copies of the said

judgments. The same is to be furnished in 4 sets,

two for the Division Bench of this Tribunal, one for

the learned P.O. and one for the learned Advocate in

O.A.No.614/2014. Thereafter matter is to be fixed

on 02.05.2022.

4. With regard to approbate, reprobate and

acquiescence points of dictation in Hirde's matter,

the 3 judgments cited by learned Advocate Mr. Dere

to be considered.

5. Mr. Desai, learned Advocate on the point of

ceased to be surplus and higher ranking and

equivalence are not pleaded in the O.A. He has

relied on the judgment on the point that if not

pleaded cannot be considered for argument.


(Mridula Bhatkar, J.) Chairperson

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(G.C.P.) J 2737 (50,000-4-2019) ISp1.- MAT-F-2 E.

IN THE MAHAR.ASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI

M.A./R.A./C.A. No.

I N

Original Application No.

of 20

of 20



Tribunal's orders

22.04.2022

0.A 173 8s 174/2021

M.A Tapase R.K Kalaskar

... Applicants Vs.


1. Heard Smt Punam Mahajan, learned advocate for the applicants and Ms Swati Manchekar, learned C.P.O for the Respondents.

2. Learned C.P.O submits that she has received letter dated 22.4.2022 sent by the Under Secretary, Home Department, Mantralaya, Mumbai, along with the experience Certificate of the candidates previously selected in the years 2013 & 2015. Copy of the same is given to the learned counsel for the applicants.

3. The copy of the said letter dated 22.4.2022 along with Annexures is taken on record and marked as Exhibits. I, I(i), I(ii), I(iii) & I(iv).

4. As per the submissions made by the learned C.P.O, we hereby direct Shri Atul Patil, Deputy Inspector General of Police (Technical), Motor Transport Department, Pune, who was one of the Members of the Committee who gave the report dated 27.2.2022 to remain present before this Tribunal on 5.5.2022.

5. S.0 to 5.5.2022.

(Medhl'alladgi (Mridula Bhatkar, J.) Member (A)

Chairperson Akn

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(G.C.P.) J 2737 (50,000-4-2019) ISpi.- MAT-F-2 E.


M.A./R.A./C.A. No.

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Tribunal's orders

22.04.2022

0.A 122/2022

Smt Rekha P Satpute ... Applicant Vs.


1. Heard Smt Punam Mahajan , learned advocate for the applicant and Mrs Kranti S. Gaikwad, learned P.O for the Respondents.

2. Learned P.O submits that in this matter, the Tribunal on 11.2.2022 staying the impugned reversion order. Relevant para 7 of the said order is reproduced below: -

"7. Impugned order is hereby stayed with liberty to the Department to take necessary action. Applicant is allowed to work on her earlier post till 22.2.2021"

3. Thereafter, interim relief was continued till today. Learned P.O submits that the Respondent-State has passed final order by following the procedure on 6.4.2022. Thus the impugned order dated 2.2.2022 no more exists. Thus, the interim relief granted has become infructuous.

Y/

4. Learned counsel for the applicant submits that the applicant is working for the last five years on the post of Office Superintendent since 2017. Learned counsel for the applicant submits that now due to the order giving deemed date of promotion to one Mr Sushi V. Pote, the applicant is required to be reverted. She submits that in the year 2022 two orders of promotion were issued, one in the name of Shri Sushil V. Pote and another in the name of Shri Awale. Shri Awale informed that he is not interested for promotion and hence his post is still vacant and the deemed date granted to Shri Sushi V. Pote will not come in the way of the applicant, if she is allowed to continue in the same post.

5. Learned. P.O submits that applicant, Mrs Satpute was given promotion wrongly by the Department by superseding four candidates, Shri S.V Pote, Shri P.B Date, Smt V.M Kulkarni (Panse) and Smt M.B Mule Patil. Thus, these four candidates are senior to the applicant and are due for promotion.

6. Learned P.O further submits that in view of the order dated 6.4.2022, the interim order passed by the Tribunal does not exists is correct.

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Tribunal' s orders

7. Learned counsel for the applicant submits that as the applicant is working on the said promoted post and she is not yet relieved, therefore, she should be allowed to continue on the said post for a period of one week.

8. In view of the above facts, we are not inclined to accept the prayer of the learned counsel for the applicant to continue the applicant on the post of Office Superintendent for a period of one week, as it is not the prayer in the present Original Application. It is a separate cause of action. As of today, the Original Application has become infructuous.

9. Original Application stands disposed of as infructuous.

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(MediGa il) Member (A)

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(G.C.P.) J 2959 (A) (50,000-3-2017) [Spl.- MAT-F-2 E.


Original Application No. of 20 Dismicr

Applicant/s

(Advocate

versus

The State of Maharashtra and others

Respondent/s

(Presenting Officer


Tribunal' s orders

031,1E10/2021 with 0.A.392 n021-2

Ors.

•

Shri S.M. Chodankar & Shri S.S. Sali & Ors.

Vs. The State of Mah. & Ors

... Applicants

... Respondents

1. Heard Shri R.M. Applicants and Shri A Respondents.

Kolge, learned Advocate for the .J. Chougule, learned P.O. for

2. On the request of learned Advocate for the

Applicant, matter is adjourned for hearing on 17th June,

2021.

3. This matter be kept with connected matters on

17th June, 2021.

(A.P. Kurhekar) Member-J

22.04.2022

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(G.C.P.) J 2959 (A) (50,000-3-2017) [Sp1.- MAT-F-2 E.


Original Application No. of 20 DISTRICT Applicant's

(Advocate

versus

The State of Maharashtra and others

Respondent's

(Presenting Officer


Tribunal' s orders

0.A.490 2021

Shri G.K. Patil Vs.

The State of Mah. & Ors.

... Applicant

... Respondents

1. Heard Shri K.R. Jagdale, learned d

Advocate for the

Applicant and Shri A.J. Chougule, learne P.O.

Respondents.

2. This O.A. is filed for declaration that Applicant's

date of birth be declared as 22.11.1967. According to Applicant, initially, date of birth was recorded as

01.06.1965 in Service Book, but later on his application,

it was corrected as 22.11.1967 on the basis of Gazette Notification as well as extract of Birth Register issued by Tahasildar, Pachora, District Jalgaon. According tlled

o him,

thereafter, the said corrected entry was cance by

Department illegally.

3. In view of above, it is necessary to have on record

the Xerox copies of relevant pages of Service Book showing the date of birth recorded therein and

erasers/ cancellation, if any.

4. S.O. to 08th June, 2022.

(A.P. Kurhekar) Member-J

22.04.2022

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IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL

MUMBAI BENCH

ORIGINAL APPLICATION NO 364 OF 2021

DISTRICT : SANGLI

Shri R.G Kadam & Ors )...Applicants

Versus

The State of Maharashtra 86 Ors )...Respondents

Shri A.A Desai, learned advocate for the Applicants.

Ms Swati Manchekar, learned Chief Presenting Officer for the

Respondents.

CORAM : Justice Mridula Bhatkar (Chairperson)

Mrs Medha Gadgil (Member) (A)

DATE : 21.04.2022

PER : Justice Mridula Bhatkar (Chairperson)

ORDER

1. In this Tribunal, some matters were filed, where the

appointments were claimed on the basis of fake Sport Certificates.

Therefore, this being the serious issue, the office of the learned

C.P.O requested the Tribunal to take up the group of these matters

where the issue of fake Sports Certificates is involved.

2. The Tribunal has given directions to both the parties to

identify the matters where the issue of fake Sports Certificates is

involved. The office of the learned C.P.O has given the list of group

of matters and the said group was placed on record as the matters

falling under the issue of fake Sports Certificate.

3. At the time hearing of the matters, it is noticed that in some

matters the issue of fake Sports Certificate is not involved, but the

2 0.A 364/2021

relevant issue was whether the Sports Certificates issued were lcalidated before the stipulated date for which the Certificate is

v*f-f\given for the purpose of claiming benefit of 5% reservation for

obtaining Government job as per G.R dated 30.4.2005.

4. The Tribunal, therefore, started hearing these matters under

the caption of Special Group from 18.4.2022. It also transpired

that in some of the matters the Government could not file the reply

as the matters are of the year 2021 and 2022 also.

5. In the present matter, the learned counsel Mr Desai has

completed his arguments and today learned C.P.O was supposed to argue the matter.

6. Learned C.P.0 submits that there is no service of notice on

the Respondent no. 6 and she calls upon the learned counsel for

the applicants to show service of notice on Respondent no. 6,

Deputy Director, Sports and Youth Services, Nagpur Region,

Nagpur, at Divisional Sports Complex, Koradi Road, Mankapur,

Nagpur. Learned counsel for the applicants produces copy of

service of notice send through email to Respondent no. 6 on

1.7.2021. Learned counsel for the applicants is directed to give

hard copy of the Original Application along with annexures to the

office of the learned C.P.0 forthwith.

7. Learned C. P.O has submitted that though the affidavit in

reply dated 1.9.2021 by Shri J.B Patil, Deputy Transport

Commissioner (Admn) in the office of Transport Commissioner,

M.S, Mumbai is filed on behalf of Respondents no 1 & 2, and it is

also referred by learned counsel in his submissions, learned C.P.0

today submits that Respondent no. 6, Deputy Director, Sports and

Youth Services, Nagpur Region, Nagpur, at Divisional Sports

3 0.A 364/2021

Complex, Koradi Road, Mankapur, Nagpur has not filed the

affidavit in reply. Learned C.P.O submits that inadvertently that

was slipped from the office of the learned C.P.O. But the reply of

Respondent no. 6, Deputy Director, Sports and Youth Services,

Nagpur Regional, Nagpur is necessary in this matter.

8. Learned counsel for the applicant Mr Desai raised the

objection to the submissions of learned C.P.O and opposed

vehemently that the Respondent-State should not be allowed to file

the affidavit in reply at this stage, especially when the submissions

of the applicants are over.

9. In view of the circumstances and the submissions made by

the learned counsel for the applicants and the issues raised

therein, we are inclined to grant time to the learned C.P.O to file

affidavit in reply on behalf of Respondent no. 6. Learned C.P.O

prays for two weeks' time to file affidavit in reply on behalf of

Respondent no. 6. However, we grant time till 29.4.2022 to file

affidavit in reply on behalf of Respondent no. 6 and learned

counsel for the applicants is allowed to make further submissions

to this reply.

10. Matter is Part Heard and to be placed on Board on 4.5.2022.

(Med11 G dgil) '(Mridula Bhatkar, J.)

Member (A) Chairperson

Place : Mumbai Date : 22.04.2022 Dictation taken by : A.K. Nair.

D. \ Anil Nair \Judgrnents,01.04.2022,0.A 364.21, Selection process challenged, DB. Int order,

Chairperson and Member.

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(G.C.P.) J 2737 (50,000-4-2019) ISpi.- MAT-F-2 E.



IN






Tribunal's orders

22.04.2022

0.A 253/2021

Shri V.A Patil ... Applicant Vs.

The State of Maharashtra 86 Ors ... Respondents

1. Heard Shri R.M Kolge, learned advocate for the applicant and Smt Kranti S. Gaikwad, learned P.O for the Respondents.

2. The applicant is working as a Junior Clerk with the Divisional Joint Registrar, Cooperative Society, Konkan Division, Navi Mumbai, since 31.12.2003. He was appointed in the reserved category of VJ(A). The Certificate of the applicant was invalidated by the Caste Scrutiny Committee on 15.3.2021. He has challenged the same before the Hon'ble High Court in Writ Petition Stamp No. 7238/2021, and the same was dismissed by the Hon'ble High Court. Learned counsel for the applicant submits that the applicant seeks protection under G.R dated 5.6.2018.

3. In this case a major issue is involved in respect of G.R dated 5.6.2018 which is not challenged. However, the G.R states in order to implement the order of the Hon'ble Supreme Court dated 6.7.2017 in Civil Appeal No. 8928/2015, a Sub Committee of Ministers is formed.

4. We call upon the Respondent-State to file a short affidavit as to why the order of the Hon'ble Supreme Court is not yet implemented and why the Sub Committee which is already working under G.A.D has violated condition No. 3 of the G.R dated 5.6.2018.

5. We find G.A.D as necessary party to the proceedings as it involves very serious issues in respect of implementation of the order of the Hon'ble Supreme Court, we direct the applicant to amend the Original Application by adding G.A.D as Party Respondents forthwith. Copy of the Original Application is to be served on the added Party Respondent, G.A.D.

6. S.0 to 5.5.2022.

(Medlia adgi Member (A)

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(G.C.P.) J 2737 (50,000-4-2019) ISnl - MAT-F-2 E.


M.A./R.A./C.A. No.

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Tribunal' s orders

Date : 22.04.2022

M.A.No.226 of 2020 in O.A.No.495 of 2020

S.A. Shaikh & Ors. ....Applicants Vs.

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

1. Heard Mr. S.S. Dere, learned Advocate for

the Applicants and Ms. K.S. Gaikwad, learned


2. M.A. is filed seeking condonation of delay of

5 years, 6 months and 4 days which has aroused in

between 30.05.2013 to 04.12.2018. Learned

Advocate submits that the order of recruitment was

initially issued on 30.05.2016. Similarly situated

persons like the present Applicant had challenged

O.A.No.136/2012, wherein by judgment dated

19.01.2015 the said O.A. was allowed. The

Respondent-State had challenged the said judgment

before the Hon'ble High Court by filing Writ Petition

No.12327 of 2016. By order dated 04.12.2018 the

Hon'ble High Court remanded the matter. After

remanding the matter, this Tribunal finally decided

the said O.A..

2. Learned Advocate further submits that in

this O.A. the applicant had further moved

M.A.No.68 /2019 seeking permission to file separate

petition. By order dated 13.02.2019, M.A.No.68

/2019 was allowed and disposed of.

3. Learned Advocate submits that pursuant to

order dated 13.02.2019 he has filed the present

O.A. on 17.09.2020. Therefore the delay occurred

in the filing of present O.A. be condoned.

4. The submissions of learned Advocate in

respect of delay up to 13.02.2019 are accepted.

However, there is further delay of nearly 1 year and

1 month, even if we condone the period of COVID-

19 pandemic. There is not proper explanation KM.

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Tribunal's orders

this delay. However in view of the submissions of

the facts we condone the delay and allow the

M.A.No.226/2020 with the costs of Rs.3000/- to be

paid to Police Welfare Fund.

5. M.A.No.226/2020 is allowed subject to

payment of costs.

6. The office objections, if any, are to be

removed and court fees to be paid, if not already

paid.

7. Issue notice before admission returnable on

12.07.2022.

8. Applicant is authorized and directed to serve

on Respondent intimation/notice of date of hearing

duly authenticated by Registry, along with complete

paper book of O.A. Private service is allowed in view

of this present COVID-19 Pandemic situation.

Respondents are put to notice that the case may be

taken up for final disposal at the stage of admission

hearing.

9. 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.

10. 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.

11. Adjourned to 12.07.2022.

(Medh Gad il) Member(A)


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Tribunal' s orders

Date: 22.04.2022

O.A.No.950 of 2019 with M.A.No.516 of 2019 with

O.A.No.1018 of 2019 with M.A. No.561 of 2019 with

0.A.No.465 of 2021 with



O.A.No.500 of 2021 with M.A.No.580 of 2021

S.K. Inamke

G.F. Patil

S.M. Shinde

R.R. Asawa

M.P. Jamadar

H.G. Kulkarni & Ors. ....Applicants Versus

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

1. Heard Ms Savita Surayawanti, learned Advocate

for the Applicant in (0.A.950/19 with M.A.516/19 &

1018/19 with M.A.561/19), Shri R.M. Kolge, learned

Advocate for the Applicant in (0.A.465/2021), Shri R.R.

Asawa, Applicant-in-person in (0.A.489/21 with

M.A.276/21), Shri M.P. Jamadar Applicant-in-person

(0.A.494/21 with M.A.402/21), Shri R.G. Panchal,

learned Advocate for the Applicant in (0.A.500/21 with

M.A.580/21) and Smt K.S. Gaikwad, learned Presenting

Officer holding for Ms. S.P. Manchekar, learned Chief

Presenting Officer and Shri A.J. Chougule learned


2. It is submitted that in these matters, learned

C.P.O. is appearing for the Respondents.

3. By c-ofice-r-m of --a-1-1,-- matters are kept on 25.04.2022.

(M.A. Lovekar)--- Member (J)

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(G.C.P.) J 2737 (50,000-4-2019) ISO.- MAT-F-2 E.

IN THE MAYIARA.SHTRA ADMINISTRATIVE TRIBUNAL MUMBAI

M.A./R.A./C.A. No.

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Tribunal' s orders

ate. 22.04.2022

M.A. No.16 of 2022 in O.A. No.384 of 2021 with


M.A. No.18 of 2022 in M.A. No.231 of 2021

in O.A. No.442 of 2021 with

M.A. No.19 of 2022 in M.A. No.233 of 2021


M.A. No.20 of 2022 in M.A. No.234 of 2021




M.A. No.172 of 2022 in O.A. No.436 of 2021

S.S. More

S.S. Raorane

Mrs.S.V. Kelkar & Ors

Smt.S.S. Nilwan & Ors

Smt. S.M. Khedkar & Ors.

R.H. Borkar

S.R. Arte

A.R. Borkar Applicant Versus

The State of Maharashtra & Ors. Respondents.

1. Heard Shri R.M. Kolge, learned Advocate for the

Applicant and Smt. K.S. Gaikwad and Shri A.J. Chougule,

learned Presenting Officer for the Respondents.

2. It is submitted on behalf of the Applicant that in

this batch of cases extent of delay is not identical and

hence separate applications are required to be filed. It

is further submitted that chart will be prepared giving

therein necessary details of delay in individual cases

after taking instructions. On this ground time is sought.

3. S.O. to 23.06.2022.

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M.A./R.A./C.A. No.

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


Tribunal' s orders

Date: 22.04.2022

O.A. No.30 of 2022

D.V. Wadhel Applicant Versus


1. Heard Shri U.V. Bhosle, learned Advocate for the

Applicant and Shri A.J. Chougule, learned Presenting

Officer for the Respondents.

2. On oral request of learned P.O., S.O. to

29.04.2022.

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IN




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

Tribunal' s orders

Date: 22.04.2022

O.A. No.1174 of 2019

V.V. Panse Applicant Versus


1. Heard Ms. Savita Suryawanshi, learned Advocate

holding for Shri V.V. Joshi, learned Advocate for the



2. Learned Advocate for the Applicant states that

she will consider whether this Original Application is

required to be amended so as to include in it additional

ground in respect of G.R. dated 29.09.2003. She

further states that she may apply for making an

additional amendment for challenging communication

dated 16.04.2019.

3. S.O. to 16.06.2022.

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directions and Registrar's orders Tribunal' s orders

Date: 22.04.2022

O.A. No.472 of 2021

P.B. Chaudhari Applicant Versus The State of Maharashtra & Ors. Respondents.

1. Heard Shri U.V. Bhosle, learned Advocate for the

Applicant, Smt. Archana B.K., learned Presenting Officer

for the Respondents and None for Respondent Nos.5 &

6.

2. Learned P.O. seeks time to file Reply for

remaining present.

3. S.O. to 16.06.2022.

(M.A. Lovekar) Member (J)

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LATER ON

4. On oral request of Learned Advocate for the

Applicant adjourned to 29.04.2022.

(M.A. Lovekar)

Member (1)

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ISp1.- MAT-F-2 E.

(G.C.P.) J 2737 (50,000-4-2019)

IN THE 1VIAHARASHTRA. ADMINISTRATIVE TRIBUNAL MUMBAI


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Tribunal' s orders

Date: 22.04.2022

M.A. No.513 of 2021 in O.A. No.383 of 2021 with M.A. No.514 of 2021 in O.A. No.385 of 2021 with M.A. No.515 of 2021 in M.A. No.207 of 2021 in

O.A. No.393 of 2021 with M.A. No.516 of 2021 in O.A. No.434 of 2021 with M.A. No.517 of 2021 in M.A. No.229 of 2021 in

O.A. No.440 of 2021 with M.A. No.518 of 2021 in M.A. No.230 of 2021 in




O.A. No.391 of 2021 with M.A. No.546 of 2021 in O.A. No.386 of 2021 with M.A. No.497 of 2021 in O.A. No.388 of 2021 with M.A. No.498 of 2021 in O.A. No.389 of 2021 with

M.A. No.499 of 2021 in O.A. No.390 of 2021

G.J. Mhatre G.V. Sawant R.D. Sawant & Ors. M.L. Langi N.N. Kadam & Ors. V.B. Chafekar & Ors. S.N. Rane & Ors. S.S. Salunkhe & Ors. S.S. Dixit & Ors. 5.5. Manjrekar A.B. Kohtekar & Ors. A.C. Mantri D.M. Vishwasrao Applicant

Versus The State of Maharashtra & Ors. Respondents.


Applicant, Smt. K.S. Gaikwad, Smt. Archana B.K. and Shri

A.J. Chougule, learned Presenting Officer for the

Respondents.

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

2. It is submitted on behalf of the Applicant that in

this batch of cases extent of delay is not identical and

hence separate applications are required to be filed. It

is further submitted that chart will be prepared giving

therein necessary details of delay in individual cases

after taking instructions. On this ground time is sought.

3. S.O. to 23.06.2022.

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Date: 22.04.2022

O.A. No.552 of 2021 with M.A. No.282 of 2021 with

O.A. No.553 of 2021 with M.A. No.283 of 2021

K.T. More

P.G. Kulkarni Versus

The State of Maharashtra & Ors.

Applicant

Respondents.



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


2. Issue notice before admission returnable on 16.06.2022.

3. Tribunal may take the case for final disposal at

this stage and 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 Original Application. 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 within one week. Applicant is directed to file Affidavit of compliance and notice.

7. In case notice is not collected within seven days

or service report on affidavit is not filed 7 days before

returnable date, Original Application shall stand

dismissed without reference to Tribunal and papers be consigned to record.

8. S.O. to 16.06.2022.

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O.A. No.658 of 2021 with M.A.316 of 2021

P.R. Kshirsagar Applicant

Versus







16.06.2022.


this stage and separate notice for final disposal shall not

be issued.





notice that the case would be taken up for final disposal

at the stage of admission hearing.



Rules, 1988, and the questions such as limitation and

alternate remedy are kept open.


speed post, courier and acknowledgement be obtained


Registry within one week. Applicant is directed to file

Affidavit of compliance and notice.




dismissed without reference to Tribunal and papers be

consigned to record.

8. S.O. to 16.06.2022.

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Date : 22.04.2022

O.A.No.315 of 2022

V.B. Suryawanshi ....Applicant


1. Heard Ms. V.K. Jagdale, learned Advocate for

the Applicant and Ms. Archana B.K., learned




paid.


15.06.2022.








hearing.










and notice.


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Date : 22.04.2022

O.A.No.316 of 2022

S.B. Patil ....Applicant Vs.

The State of Maharashtra 8; Ors. ....Respondents.






paid.


15.06.2022.








hearing.










and notice.


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Date : 22.04.2022

O.A.No.317 of 2022

A.S. Shinde ....Applicant Vs.







paid.


15.06.2022.








hearing.










and notice.

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22.04.2022

0.A 197/2022

Shri D.S Tike & Ors ... Applicants Vs.


1. Heard Shri A.S Pawar, learned advocate for the applicant and Ms Swati Manchekar, learned C.P.0 for the Respondents.

2. Learned C.P.0 states that copy of the Original Application is not served on the office of the Accountant General, Respondent no. 7.

3. Learned counsel for the applicant states that copy of the Original Application is served on the office of the Accountant General, Respondent no. 7 on 18.4.2022.

4. Learned C.P.0 seeks time to file affidavit in reply.

5. S.0 to 8.6.2022.

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22.04.2022

0.A 1044/2021

Shri R.B Kolpe ... Applicant Vs.


1. Heard Shri G.A Bandiwadekar, learned advocate for the applicant and Ms Swati Manchekar, learned C.P.O for the Respondents.

2. Reply on behalf of Respondent no. 1 is filed. If reply is not filed by Respondent no. 2 before the next date, the matte will proceed without reply.

3. S.0 to 22.6.2022.


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Date : 22.04.2022

C.A.No.56 of 2021 in O.A.No.990 of 2019

K. N . Gawade ....Applicant


1. Heard Mr. M.B. Kadam, learned Advocate for



2. The learned P.O. submits that G.A.D. by

order dated 27.03.2022 has given consent to give

deemed date of promotion to the Applicant and the

said file was sent to the Finance Department. The

Finance Department has also concurred on

10.04.2022 and now the matter is pending before

the Ministry of State Finance for final approval.

3. Our query that whether the Criminal Appeal

matter is decided or not is not answered by the

learned P.O. On instructions learned P.O. submits

that the Government has implemented the order by

giving deemed date of promotion to the Applicant

subject to the outcome of the pending appeal which

is filed by the State against the acquittal.

4. In view of above, C.A. is disposed of.

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22.04.2022

0.A 799/2021

Shri U.R Shinde & Ors ... Applicants Vs.


1. Heard Shri K.R Jagdale, learned advocate for the applicants, Ms Swati Manchekar, learned C.P.O for Respondents no 1 & 2 and Shri Shantanu Raktate, learned counsel for Respondents no 3 to 8.

2. Learned counsel Mr Raktate, for Respondents no 3 to 8 files affidavit in reply and serve copy on the other side. Same is taken on record.

3. The Respondent-State has not file reply. Learned C.P.O is directed to file reply before the next date.

4. S.0 to 13.6.2022.

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Date : 22.04.2022

0.A.No.349 of 2022

P. D . Thorat ....Applicant Vs.

The State of Maharashtra 86 Ors. ....Respondents.


the Applicant and Ms. K.S. Gaikwad, learned




paid.


27.04.2022.








hearing.










and notice.

7. Adjourned to 27.04.2022 under the caption

of 'Urgent Admission'.

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Tribunal' s orders

Date : 22.04.2022

O.A.No.353 of 2022

A.S. Shelke ....Applicant


1. Heard Ms. Punam Mahajan, learned

Advocate for the Applicant and Ms. S.P. Manchekar,

learned Chief Presenting Officer for the

Respondents.



paid.


25.04.2022.








hearing.










and notice.

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Tribunal's orders

7. The Applicant, aspiring to become Assistant

Executive Engineer has challenged the 2nd answer key published on 11.03.2022 in respect of 7

questions. The Applicant has cleared his

Preliminary Examination and then appeared for the

Main Examination which was conducted on

18.12.2021. The 1st answer key of the Main

Examination was published on 27.12.2021. The

Applicant did not raise objection to the 1st answer key. However, 2nd revised answer key was

published on 11.03.2022. The objections were not

invited by the M.P.S.C. to this 2nd revised answer

key. The results are published on 25.03.2022. The

interviews are yet to be conducted but the date is

not yet scheduled.

8. The learned Advocate for the Applicant

submits that in order to point out the correct

answer the Booklet 'D' of Paper-1 and Paper-2 is

referred wherein she raised objections in Question

Nos.45, 70 and 88 from the Paper-1 and Question

Nos.20, 67, 90, 96 from the Paper-2, regarding the

correctness of the 2nd revised answer key. As per

the submissions of learned Advocate the answers

given by the M.P.S.0 in the 1st answer key of these

questions were correct and because of the revised

answer key the applicant scored less. The cut-off

marks for the post of Assistant Executive Engineer

in Open General Category is 268 marks.

9. For further instructions as prayed by both

sides matter is fixed on 25.04.2022.

(Media Ga il) Me mber(A)


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Tribunal's orders

Date : 22.04.2022

M.A.No.240 of 2022 in O.A.No.376 of 2022 With O.A.No.376 of 2022

K.V. Ambudkar & Anr. ....Applicants


1. Heard Mr. S.D. Patil along with Mr. A.S.

Pawar, learned Advocate for the Applicant and Ms.

K.S. Gaikwad, learned Presenting Officer for the

Respondents.

2. This is an application for leave to sue jointly.

3. Considering the cause of action pursued by

the Applicants is common, concurrent and usual,

the cases are not required to be decided separately.

4. In this view of the matter, the present Misc.

Application is allowed subject to Applicants paying

requisite court fees, if not already paid.

5. M.A. No.240/2022 is hereby allowed.



paid.

7. Issue notice before admission in

O.A.No.376/2022 returnable on 25.04.2022.








hearing.

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Tribunal's orders









Applicant is directed to file Affidavit of compliance and notice.

11. The Applicant applied for the post of Police

Sub Inspector pursuant to Advertisement dated

27.06.2016 and appeared for the Limited

Departmental Competitive Examination. The

Applicant submits that he is similarly situated

candidate and his case is covered by order dated

07.10.2021 passed in 0.A.No.270/2021 in Mr.

Sandip Dhanraj Gaikwad Versus M.P.S.C. & Ors.

7. The learned P.O. is directed to verify the same.


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Date : 22.04.2022

M.A.No.159 of 2021 in O.A.No.114 of 2020 with O.A.No.114 of 2020

R.S. Jikare ....Applicant Vs.


1. Heard Mr. S.K. Hande, learned Advocate for

the Applicant and Ms. S.P. Manchekar, learned

Chief Presenting Officer for the Respondents.

2. M.A.No.159 of 2021 is filed seeking

condonation of delay of 7 years and 2 months.

3. Respondent No.4 Private Respondent is

served. Learned Advocate has filed service report.

It is taken on record. Applicant has challenge the

appointment order on the post of Assistant

Superintendent to be filled in by the Commissioner

of Agriculture, Agricultural Commissionerate, Pune.

Cause of action aroused on 03.03.2014 wherein

appointment was given to Respondent No.4.

Applicant has earlier filed O.A.No.218/2016. The

said O.A. was decided by order dated 31.01.2019,

challenging the appointment of Respondent No.4.

The Tribunal had immediately directed the

Applicant to file representation, which was done by

the Applicant. The said representation was decided

on 27.06.2019 wherein the Applicant's claim was

rejected.

4. The present O.A. is filed on 12.11.2019 i.e.

after rejection of representation on 27.06.2019. The

learned Advocate further submits that though in

this O.A. he had challenged the order dated

03.03.2014 i.e. appointment order given to the

Respondent No.4, however as per the order passed

by the Tribunal dated 31.01.2019 he has submitted

representation and the said representation WIP

2


Tribunal' s orders

decided on 27.06.2019. Thus there is no delay at all.

5. The learned C.P.O. relies on the affidavit-in-

reply filed by the State and submits that the original

cause of action occurred on 03.03.2014 and

therefore the State is opposing this O.A. on the

ground of condonation of delay of nearly 7 years.

We accept the submissions made by the learned

Advocate for the Applicant. Technically there is no

delay in view of the order passed by the earlier

Division Bench on 31.01.2019 in O. A. No.218/ 2016.

6. M.A. is hereby allowed. O.A. adjourned to 06.07.2022.

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Tribunal' s orders

Date : 22.04.2022

M.A.No.178 of 2022 in M.A.No.91 of 2022 in 0.A.No.1355 of 2009

P. Agavane & Ors. D.V. Thorat ....Applicants


1. Heard Mr. Abhijeet Pawar, learned Advocate

instructed by Mr. Mr. D.B. Khaire, learned Advocate

for the Applicant and Ms. K.S. Gaikwad, learned


2. Pursuant to the order dated 16.02.2022 the

Respondent-State is today called upon to inform

development in respect of compliance of order dated

08.12.2020.

3. The learned Advocate Mr. Abhijeet Pawar

further submits that pursuant to further order

dated 01.04.2022 the Department has received the

report from the Commissioner, Maharashtra State

Examination Council that the Department has

verified the certificates of 67 candidates and

verification of only 6 candidates is remained. One

certificate of sports is yet to be received.

4. The learned Advocate for the Applicant seeks

permission to add Party Respondent, Commissioner,

Maharashtra State Examination Council, Dr.

Ambedkar Marg, Pune.

5. Permission granted. Amendment is to be

carried out forthwith. The Commissioner,

Maharashtra State Examination Council to inform

Deputy Director, Public Health Department, Pune as

to how much time is required to verify the

genuineness of the certificates of Marathi and

English typing of 6 candidates.

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28.04.2022 to added Respondent.



paid.








hearing.










and notice.

11. Adjourned to 28.04.2022.


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IN




Tribunal' s orders

Date: 22.04.2022

M.A. No.325 of 2020 in O.A. No.61 of 2020

The State of Maharashtra & Ors. Applicant (Org. Resp.)

Versus

N.D. Bhosale Respondent

(Org. Appl.)

1. Heard Smt. K.S. Gaikwad, learned Presenting

Officer for the Applicant (Org. Resp.) and Shri R.G.

Panchal, learned Advocate for the Applicant (Org. Appl.)

2. Learned P.O. states that incase M.A.

No.325/2020 is allowed then the main matter can be 1,4

heard finally. There is ^order passed by,, learned

predecessor on 17.09.2021 that the O.A. No.61/2020

and M.A. No.325/2020 shall be considered together.

Under the circumstances learned P.O. seeks time to

consult Respondent No.5 — Shri Sanadip Palwe, Addl.

S.P. Usmanabad and make the statement as to how the

matter should proceed further i.e. whether the P.O.

shall represent Respondent No.5 or Respondent No.5

will have to engage another Advocate.

3. S.O. to 24.06.2022.

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Tribunal' s orders

Date: 22.04.2022

O.A. No.235 of 2022

R.P. Patil & Ors. Applicant


1. Heard Shri Gajanan Kukde, learned Advocate

holding for Shri M.V. Thorat, learned Advocate for the




10.06.2022 for filing Reply.


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Tribunal' s orders

Date: 22.04.2022

O.A. No.916 of 2021

A.S. Taware Applicant


1. Leave note is filed by learned Advocate Shri C.T.

Chandratre.

2. Smt K.S. Gaikwad, learned Presenting Officer for

the Respondents is present.

3. S.O. to 24.06.2022.


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Tribunal' s orders

Date: 22.04.2022

O.A. No.110 of 2020

A.S.A.S. Nadeem Applicant


1. Leave note is filed by learned Advocate Smt.

Ranjana Todankar.

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


3. S.O. to 23.06.2022.

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Tribunal' s orders

Date : 22.04.2022

M. A. No.1 of 2022 in O.A.No.328 of 2021

P.A. Bodekar ....Applicant

Versus


1. Heard Shri R. M. Kolge, learned Counsel for the

Applicant and Shri A. J. Chougule, learned Presenting Officer

for the Respondents.

2. On request of learned P.O. one week time is granted

to file reply by way of last chance.

3. S.O. to 29.04.2022.

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Tribunal' s orders

Date : 22.04.2022

O.A.No.57 of 2021

H. R. Devale ....Applicant

Versus


1. Heard Shri S. R. Ghanavat, learned Counsel for the



2. On request of learned Counsel for the Applicant, one

week time is granted to file affidavit along with some

document which he intends to produce on record.

3. S.O. to 29.04.2022.

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Date : 22.04.2022

O.A.No.316 of 2021

Dr. R. B.Nirmale ....Applicant

Versus


1. Heard Shri U.V. Bhosale, learned Counsel for the



2. On request of learned P.O. time is granted till

25.04.2022 to file affidavit in reply on behalf of Respondent

No.1 as a last chance.

3. S.O. to 25.04.2022.

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Date : 22.04.2022

0.A.No.561of 2021

K.A. Salunkhe ....Applicant

Versus


1. Heard Shri A.R. Deshpande, learned Counsel for the

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


2. On request of learned Counsel for the Applicant, the

matter is adjourned to take suitable steps to amend O.A.

since there is no challenge to the order of transfer by which

he aggrieved. Indeed, no such transfer order is placed on

record.

3. Learned Counsel for the Applicant, therefore, sought

time to take necessary steps.

4. S.O. to 02.05.2022.

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Date : 22.04.2022

O.A.No.341 of 2021

S. B. Rathod ....Applicant

Versus


1. Heard Shri S.S. Dere, learned Counsel for the



2. In present O.A., Applicant has challenged suspension

order dated 11.05.2020. However, during pendency of O.A.,

the Respondents have initiated D.E. which is at the verge of

completion and only final order remains to be passed.

3. Learned Counsel for the Applicant stated that his

client has received show cause notice dated 28.2.2022 as to

why he should not be removed from service, to which he has

given reply on 29.03.2022. He, therefore, submits that final

order in D.E. is likely to be passed at the end of this month,

and therefore, request to adjourn the matter till first week of

next month.

4. S.O. to 02.05.2022.


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Date : 22.04.2022

O.A.No.798 of 2020

S. G. Kamble ....Applicant

Versus


1. Heard ShriS. K. Hande, learned Counsel for the



2. On request of learned Counsel for the Applicant, one

week time is granted for hearing.

3. S.O. to 05.05.2022.

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Date: 22.04.2022

M.A. No.241 of 2022 in O.A. No.343 of 2022

H.K. More Applicant

Versus


1. Heard Ms. Urmila Pulekar, learned Advocate

holding for Shri D. Pagare, learned Advocate for the



2. Perused papers.

3. It is submitted that delay of 60 days was caused

because of Pandemic and correspondence with the

concerned authorities.

4. Considering the length of the delay and reasons

for condonation therei,Application is allowed. Delay

stands condoned.

(M.A. Lovekar)

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Tribunal' s orders

Date: 22.04.2022

O.A. No.343 of 2022

H.K. More Applicant


1. Heard Ms. Urmila Pulekar, learned Advocate

holding for Shri D. Pagare, learned Advocate for the




16.06.2022.



be issued.





















8. S.O. to 16.06.2022.

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Date: 22.04.2022

O.A. No.128 of 2022

M.N. Katte Applicant

Versus


1. Heard Shri A.D. Gugale, learned Advocate for the



2. Reply of Respondent Nos.2 & 3 is filed by

learned P.O. is taken on record. Learned Advocate for

the Applicant seeks time to go through the Reply.

3. S.O. to 05.05.2022.

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Date: 22.04.2022

O.A. No.132 of 2022

Dr. K.K. Patankar Applicant


1. Heard Shri U.V. Bhosle, learned Advocate

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





n

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Date: 22.04.2022

O.A. No.248 of 2022

N.N. Revadekar Applicant Versus





2. On oral request of learned P.O., S.O.


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Tribunal' s orders

Date: 22.04.2022

O.A. No.334 of 2022

S.N. Raktate Applicant

Versus


1. Heard Shri S. Raktate, learned Advocate for the




16.06.2022.



be issued.





















8. S.O. to 16.06.2022.

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Date: 22.04.2022

O.A. No.244 of 2021

R.D. Mahajan Applicant

Versus


1. Heard Ms. Sejal. Hariyan, learned Advocate for

the Applicant and Smt. K.S. Gaikwad, learned Presenting




(M.A. Lovekar)

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Date: 22.04.2022

O.A. No.119 of 2022

S.S. Nikam Applicant

Versus





2. On oral request of learned P.O., S.O.


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Date: 22.04.2022

O.A. No.136 of 2022

D.M. Khutale Applicant

Versus


1. Heard Ms Asawari Ghate, learned Advocate

holding for Smt. Punam Mahajan, learned Advocate for

the Applicant and Shri A.J. Chougule, learned Presenting


2. Learned P.O. states that during the course of the

day he will file Reply, give its copy to other side so that

the matter can be heard finally.

3. By consent, s.o. to 25.04.2022.

\NrIfyv

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Date: 22.04.2022

O.A. No.834 of 2019

S.B. Patil Applicant

Versus


1. Leave note is filed by learned Advocate Smt.

Ranjana Todankar,

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


3. S.O. to 23.06.2022.

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Date: 22.04.2022

O.A. No.1227 of 2019

H.S. Khude Applicant

Versus


1. Heard Smt. Punam Mahajan, learned Advocate

for the Applicant and Shri A.J. Chougule, learned


2. Learned Advocate for the Applicant has filed

Rejoinder. It is taken on record.

3. Learned P.O. seeks permission to file Reply to

the Rejoinder, if necessary.

3. S.O. to 27.04.2022.

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Tribunal' s orders

Date: 22.04.2022

O.A. No.560 of 2021

R.M. Chajchidak Applicant

Versus


1. Heard Junior Advocate holding for Shri R.B.

Kamble / S.B. Sayyad, learned Advocate for the

Applicant, Smt. Archana B.K., learned Presenting Officer

for the Respondent and Shri Abhijit Pawar, learned

Advocate holding for Shri R. Anbhule, learned Advocate

for the Respondent No.2.

2. The Applicant desires to withdraw this

Application unconditionally. Pursis to this effect is filed.

3. The Original Application is disposed of as

withdrawn.

(M.A. Lovekar)

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Date: 22.04.2022

O.A. No.657 of 2020

S.A. Patil Applicant

Versus





2. Learned Advocate Shri R.M. Kolge submits that

the Applicant himself want'to conduct this matter in

person and it be kept on 28.04.2022.

3. S.O. to 28.04.2022.

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Date: 22.04.2022

O.A. No.131 of 2022

P.P. Mahajan Applicant

Versus


1. Heard Ms. Shraddha Raut, learned Advocate

holding for Shri A.S. Singh, learned Advocate for the





(M.A. Lovekar)

Member (J)

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in the maharashtra administrative tribunal mumbai

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