(G.C.P.) J 2959(B) (50,000-3-2017) NO.- MAT-F-2 E. IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 IN Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders O.As. No.819 & 820 of 2019 V.V. Chavan A.J. Thorat ..Applicants Vs. The State of Maharashtra & Ors. ..Respondents Heard Shri M.D. Lonkar, learned Advocate for the Applicants and Smt. K.S. Gaikwad, learned Presenting Officer for the Respondents. 2. In both the matters the Ld. PO produces a copy of letter dated 2.11.2020 sent by Superintendent of Police, Satara to Special Inspector General of Police, Kolhapur in respect of both the applicants viz. Shri V.V. Chavan and Shri A.J. Thorat in respect of entitlement to the service benefits for the period which is spent outside the service. The applicants were dismissed from service however they are reinstated and they are working at Satara. The period spent outside the service is from 4.7.2019 to 14.1.2020 and S.P. Satara has requested that they are to be given service benefits under Rule 70(1)(a) and (b) of MCS (Joining Time, Foreign Service and Payments during Suspension, Dismissal and Removal) Rules, 1981. Ld. PO submits that respondents seek time to take decision. Time granted. 3. S.O. to 8.12.2020. 4 LIL (P. (Mridula R. Bhatkar, J.) Vice-Chairman Chairperson 3.11.2020 3.11.2020 (sgj) (G.C.P.) J 2959(B) (50,000-3-2017) ISp1.- MAT-F-2 E. IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 IN Original Application No of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders O.A. No.969 of 2018 T.A. Diwan ..Applicant Vs. The State of Maharashtra & Ors. ..Respondents Heard Simi K.R. Jagdale, learned Advocate for the Applicant and Ms. S.P. Manchekar, learned Chief Presenting Officer for the Respondents. 2. Leave granted to amend the prayer clause in respect of grant of back wages. Amendment t_ o be carried out within four weeks and amended copy of OA be served on all concerned. Ld. CPO to file reply thereafter. 3. S.O. to 9.2.2021. (P.14. (Mridula R. Bhatkar, J.) Vice-Chairman Chairperson 3.11.2020 3.11.2020 (sgj) IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI ORIGINAL APPLICATION NO.626 OF 2020 D.B. Bamane ... Applicant Vs. The State of Maharashtra 8& Ors ... Respondents Shri Arvind V. Bandiwadekar, learned Advocate for the Applicant. Ms. S.P. Manchekar, learned Chief Presenting Officer for the Respondents. CORAM • JUSTICE MRS. MRIDULA BHATKAR, CHAIRPERSON DATE • 03.11.2020 ORDER 1. Heard Shri Arvind V. Bandiwadekar, learned Advocate for the Applicant and Ms. S.P. Manchekar, learned Chief Presenting Officer for the Respondents. 2. Applicant is challenging the transfer order dated 01.10.2020 transferring his from Bhor to Saswad to the post of Medical Superintendent. The Applicant is retiring in May 2021. 3. The learned Counsel submits that Private Respondent No.2 who is bought on the post of the applicant is also retiring in May 2021. The learned Counsel further submits that the post in Saswad where he is transferred is already occupied by one Dr. U.R. Tapase from 10.07.2020. The applicant has joined the present post on 28.05.2019. The applicant is working at Bhor from 2014, but however to the lower rank of Medical Officer. The learned Counsel submits that he has served Respondent No.2. 4. The learned P.O. submits that the applicant is relieved on 06.10.2020. She further submits that the approval of competent authority is obtained. 2 5. The learned P.O. is directed to file affidavit-in-reply on next date. Respondents are directed to give posting to the applicant with immediate effect. 6. The inspection of the record / file which is bought by the office of respondent no.1 is allowed to the learned Counsel for the applicant in the presence of learned P.O. 7. Matter is adjourned to 10.12.2020. Matter is kept open for hearing on interim relief on next date. 8. The office objections, if any, are to be removed and court fees to be paid, if not already paid. 9. Issue notice before admission returnable on 10.12.2020. 10. Applicant is authorized and directed to serve on Respondent intimation/notice of date of hearing duly authenticated by Registry, along with complete paper book of O.A. Private service is allowed in view of this present COVID-19 Pandemic situation. Respondents are put to notice that the case may be taken up for final disposal at the stage of admission hearing. 11. This intimation/notice is ordered under Rule 11 of the Maharashtra Administrative Tribunal (Procedure) Rules, 1988, and the questions such as limitation and alternate remedy are kept open. 12. The service may be done by Hand delivery, speed post, courier and acknowledgement be obtained and produced along with affidavit of compliance in the Registry within one week. Applicant is directed to file Affidavit of compliance and notice. 13. S.O. to 10.12.2020. (Mridula Bhatkar, J.) Chairperson prk D: \ PRK \ 2020 \ 11 Nov \ 03.11 \ 0.A.626-20.doc IN Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders Date : 03.11.2020 O.A.No.31 of 2020 D. K. Zote ....Applicant Versus The State of Maharashtra & Ors. ...Respondents. 1. Heard Shri Arvind V. Bandiwadekar, learned Counsel for the Applicant and Shri A. J. Chougule, learned Presenting Officer for the Respondents. 2. As per order passed by this Tribunal on 18.08.2020, the matter was kept for final hearing without reply as the Respondents failed to file reply within time granted by the Tribunal. 3. However, today learned P.O. seeks permission to file reply on behalf of Respondent No.1. 4. Allowed to file reply. In the interest of justice, it be taken on record. 5. As the pleadings are complete, the matter is admitted and be kept for final hearing. 6. S.O. to 10.12.2020. (A.P. Kurhekar) Member(J) vsm [Sp1.- MAT-F-2 E. (O. C P.) J 2959(B) (50,000-3-2017) IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 IN Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders Date : 03.11.2020 0. A. No.09 of 2020 S. L. Gholap ....Applicant Versus The State of Maharashtra & Ors. ...Respondents. 1. The Applicant and his Counsel are absent. Heard Shri A. J. Chougule, learned Presenting Officer for the Respondents. 2. As per order passed by this Tribunal on 15.10.2020, the matter was kept for hearing at the stage of admission without reply as the Respondents failed to file reply within time granted by the Tribunal. 3. However, today learned P.O. seeks permission to file reply. 4. Allowed to file reply. In the interest of justice, it be taken on record. 5. Matter is adjourned for hearing at the stage of admission. 6. S.O. to 08.12.2020. (A.P. Kurhekar) Member(J) vsm 2 Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders Date : 03.11.2020 M.A. No. 224 of 2020 in 0.A.561 of 2019 The State of Maharashtra & Ors. ....Applicants (Ori. Respondents) Versus B.S. Sankpal & Ors. ...Respondents (Ori. Applicants) 1. Heard Shri A. J. Chougule, learned Presenting Officer for the Applicants (ORi. Respondents) and Smt. Punam Mahajan, learned Counsel for the Respondents (Ori. Applicants). 2. This M.A. No.224/2020 is filed to recall the order passed by this Tribunal on 18.10.2019 in O.A. No.561/2019 whereby O.A. was disposed of on the statement made by Shri Anil Lokhande, District Superintendent of Land Records, Satara. 3. Learned P.O. submits that the competent authority was not consulted by Shri Anil Lokhande before making statement, and therefore, the order dated 18.10.2019 be recalled and O.A. be decided on merit. 4. Indeed, Shri Anil Lokhande, District Superintendent, Land Records, Satara ought to have consulted the competent authority before making any statement before Tribunal. 5. Learned Counsel for the Respondents (Ori. Applicants) also fairly concedes that O.A. be decided on merit. 6. In view of above, Misc. Application is allowed and order dated 18.10.2019 is recalled. 7. Now, O.A.No.561/2019 needs to be decided on merit. Hence, it be kept for hearing at the stage of admission. 8. S.O. to 24.11.2020. (A.P. Kurhekar) Member(J) vsm 2 Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders Date : 03.11.2020 O.A.No.868 of 2019 G. N. Raut ....Applicant Versus The State of Maharashtra & Ors. ...Respondents. 1. Heard Shri A. V. Bandiwadekar, learned Counsel for the Applicant and Shri A. J. Chougule, learned Chief Presenting Officer for the Respondents. 2. In the present O.A., challenge is to the transfer order dated 20.08.2019.