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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, N.R.BORKAR
Dnyaneshwar Lavhaji Kalukhe – Appellant
Versus
Director (Human Resource), Maharashtra State Electricity Distribution Company Ltd. – Respondent
| Table of Content |
|---|
| 1. facts regarding petitioner's service and medical condition (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. respondents' rationale for termination of petitioner (Para 8 , 9) |
| 3. interpretation of disabilities act and precedents (Para 10 , 15 , 16 , 20) |
| 4. order to reinstate and pay arrears with interest (Para 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
M.S. KARNIK, J.
1. Jurisdiction of this Court under Article 226 of the Constitution of India is invoked by the petitioner, challenging termination of petitioner's service vide order dated 6th April, 2023 passed by respondent No. 2.
2. Facts of the case in brief are that the petitioner was appointed as Junior Clerk temporarily in the Maharashtra State Electricity Distribution Company Limited (for short “MSEDCL”) with effect from 27th August, 2003. The petitioner was made permanent on 30th August, 2004. On 17th April, 2018, when the petitioner was about to leave the Office, he suddenly felt uneasy. He was admitted in Satara Diagnostic Hospital at Satara for treatment. The petitioner was diagnosed with a serious brain disease. The petitioner had to be admitted in Sahyadri Hospital in Pune on 18th April, 2018. The petitioner was operated in Sahyadri Ho
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