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2019 Supreme(Bom) 1533

SUNIL P.DESHMUKH, S.M.GAVHANE
Sanchareshwar Madhavrao Kadam – Appellant
Versus
Principal District Judge, Parbhani – Respondent


Advocates:
Advocate Appeared:
S.M. Deshmukh, Adv., C.K. Shinde, Adv., P.N. Kutti, Adv.

JUDGMENT :

S. M. GAVHANE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent for the parties.

2. By this petition under articles 226 and 227 of the Constitution of India, the petitioner Junior Clerk on the establishment of Civil Judge, Junior Division, Gangakhed, Dist. Parbhani, has claimed following reliefs in terms of prayer clauses (B) and (C):-

    (B) The order passed by the respondents 1 and 2 respectively in representation dated 07-07-2016 and appeal dated 07-01-2017 may kindly be quashed and set aside, by issuing writ of certiorari, mandamus or any other appropriate writ, order or directions in the like nature.

(C) The break/interruption caused technically in the service of petitioner may kindly be condoned & appropriate directions may kindly be issued to the respondents to protect the pay of petitioner retrospectively.

3. There is no dispute that on 05.10.2010 initially petitioner joined services as junior clerk on the establishment of Civil Judge, Junior Division, Degloor, Dist. Nanded. In 2013 recruitment process was initiated by all districts through out State of Maharashtra. As the parents of the petitioner were old aged and looking to their health, afte

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