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2023 Supreme(Bom) 839

G. S. PATEL, NEELA GOKHALE
Prakash Dattatraya Chougule – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Vivek Punjabi, Advocate, P.N.Diwan, Advocate, Prashant Bhavke, Advocate

JUDGMENT

G.S. PATEL J. - Rule. There are Affidavits in Reply. Rule is made returnable forthwith and the Petition is taken up for hearing and final disposal.

2. Prayer clauses (b) and (c) of the Petition at page 16 read thus:

"(b) that by issuing a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, the Respondent Nos. 1 to 3 hereinabove be directed to take appropriate coercive steps against the Respondent Nos. 4 and 5 hereinabove for not following the order dtd. 23/10/2019;

(c) by issuing writ, order or direction the Respondent Nos. 4 and 5 hereinabove be directed to forthwith pay an amount of gratuity with 15% interest to the Petitioner."

3. The 4th Respondent is the Trust which runs the 5th Respondent-Institute. Respondents Nos. 1, 2 and 3 are State authorities.

4. On 4/2/1975, the Petitioner was appointed as a junior clerk by the 5th Respondent-Institute. He worked with the 4th Respondent-Trust in the 5th Respondent-Institute occupying different posts at different times, until he finally retired from service on 31/5/2009, when he most latterly held the post of the Registrar of the 5th Respondent-Institute.

5. The 5th Respondent is a government-aided p

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