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2022 Supreme(Bom) 723

ABHAY AHUJA
Chief Administrative Officer, Maharashtra Jeevan Pradhikaran – Appellant
Versus
Satish Gajanan Pradhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajit R. Pitale
For the Respondent: Mr. Padmanabh Pise, P. Padmanabh & Associates

JUDGMENT :

1. This is a Petition filed by the Chief Administrative Officer - Maharashtra Jeevan Pradhikaran challenging the order dated 29th June, 2019 passed by the Permanent Lok Adalat, Pune (“PLA”) rejecting the challenge by the Petitioner to the jurisdiction of the PLA.

2. The Maharashtra Jeevan Pradhikaran is a body constituted under the Maharashtra Jeevan Authority Act, 1976 and Petitioner is a State functionary working under the direction, control and supervision of the State of Maharashtra.

3. The Respondent was appointed as a Typist on 26th July, 1973 in the Public Health Works Division, Ratnagiri. He gave his option to be continued as Typist permanently on 1st January, 1986. The Respondent was sought to be promoted as a Senior Clerk in the year 1999 but he refused to accept the said promotion. It is the case of the Petitioner that inadvertently, Applicant was given the pay-scale of Senior Clerk for which he was not legally entitled and despite being aware, the Respondent did not bring this to the notice of Petitioner’s Office. The Respondent retired from service on 30th September, 2008 from the Maharashtra Jeevan Pradhikaran, Pune Division.

4. On the basis that a wrong Office

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