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2017 Supreme(Bom) 2268

R.M.BORDE, VIBHA KANKANWADI
Dnyanoba Tukaram Devne – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.B. Khandare, Advocate.
For the Respondent: Mr. A.B. Girase, Government Pleader

JUDGMENT :

Vibha Kankanwadi, J.

Rule. Rule made returnable forthwith. By consent, heard finally.

2. Petitioners have invoked the jurisdiction of this court under Articles 14 and 226 of the Constitution of India, in order to challenge the Government Resolution [For short, "G.R."] dated 01st June, 2016 issued by the Law & Judiciary Department, Maharashtra State, Mantralaya, Mumbai, which stipulates the exclusion of condition regarding outer limit of fees payable to Law Officers in Maharashtra Administrative Tribunal [For short, "MAT"] to be made applicable from 01st June, 2016.

3. Petitioners are practicing advocates. Their tenure as Chief Presenting Officer [For short, "CPO"] and Presenting Officers [For short, "POs"] expired in June, 2016. The Government of Maharashtra framed rules, namely, 'Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984'. These rules provide for appointment of Law Officers in various courts including High Court and MAT. The rules regulate the functions and duties of Law Officers and also provide for rate of fees payable to them. Petitioners were appointed as Presenting Officers to represent the Government before MAT at Auran














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