1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1744 OF 2005 CIVIL APPLICATION NO.1744 OF 2005 CIVIL APPLICATION NO.1744 OF 2005 IN IN IN WRIT PETITION NO.4839 OF 1999 WRIT PETITION NO.4839 OF 1999 WRIT PETITION NO.4839 OF 1999 The State of Maharashtra & Ors. ...Petitioners Vs. Shri Bhagwan Krishna Mandale(since deceased) through Smt. Akkatai Bhagwan Mandale & Ors. ...Respondents ----- Mr. Nargolkar, A.G.P. for Petitioners Mr.N.V.Bandiwadekar for Respondents CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mr. Nargolkar in support of this Civil 1. Heard Mr. Nargolkar in support of this Civil 1. Heard Mr. Nargolkar in support of this Civil Application. Mr. Bandiwadekar appears for the Application. Mr. Bandiwadekar appears for the Application. Mr. Bandiwadekar appears for the Respondents to the Civil Application. Respondents to the Civil Application. Respondents to the Civil Application. 2. Civil Application is filed by the State 2. Civil Application is filed by the State 2. Civil Application is filed by the State Government. The Civil Application is filed in Writ Government. The Civil Application is filed in Writ Government. The Civil Application is filed in Writ Petition No.4839 of 1999. That Petition has been Petition No.4839 of 1999. That Petition has been Petition No.4839 of 1999. That Petition has been filed by the State Government to challenge the order filed by the State Government to challenge the order filed by the State Government to challenge the order passed by the Maharashtra Administrative Tribunal on passed by the Maharashtra Administrative Tribunal on passed by the Maharashtra Administrative Tribunal on original Application No.717 of 1994 dated 29th January original Application No.717 of 1994 dated 29th January original Application No.717 of 1994 dated 29th January 1999. That order of the Tribunal set aside the order 1999. That order of the Tribunal set aside the order 1999. That order of the Tribunal set aside the order of compulsory retirement of one Bhagwan Krishna of compulsory retirement of one Bhagwan Krishna of compulsory retirement of one Bhagwan Krishna Mandale and replaced it by stoppage of increment for Mandale and replaced it by stoppage of increment for Mandale and replaced it by stoppage of increment for three years from 9th June 1994. three years from 9th June 1994. three years from 9th June 1994. 2 3. The State Government filed this Writ Petition 3. The State Government filed this Writ Petition 3. The State Government filed this Writ Petition which was admitted on 10th September 1999 and the which was admitted on 10th September 1999 and the which was admitted on 10th September 1999 and the order of Tribunal was stayed. order of Tribunal was stayed. order of Tribunal was stayed. 4. The Respondents to the Petition took out Civil 4. The Respondents to the Petition took out Civil 4. The Respondents to the Petition took out Civil Application No.2008 of 2001 for vacating interim order Application No.2008 of 2001 for vacating interim order Application No.2008 of 2001 for vacating interim order and the interim order came to be vacated on 21st and the interim order came to be vacated on 21st and the interim order came to be vacated on 21st March, 2002. March, 2002. March, 2002. 5. The State Government has now filed this Civil 5. The State Government has now filed this Civil 5. The State Government has now filed this Civil Application to get the ad-interim order granted Application to get the ad-interim order granted Application to get the ad-interim order granted earlier restored. This Civil Application is filed on earlier restored. This Civil Application is filed on earlier restored. This Civil Application is filed on 12th August, 2002. More than 3 years have gone by 12th August, 2002. More than 3 years have gone by 12th August, 2002. More than 3 years have gone by now. Obviously since the interim order had been now. Obviously since the interim order had been now. Obviously since the interim order had been vacated the order of the Tribunal must be being vacated the order of the Tribunal must be being vacated the order of the Tribunal must be being implemented in the meanwhile. The concerned employee implemented in the meanwhile. The concerned employee implemented in the meanwhile. The concerned employee having died during the course of the proceeding in the having died during the course of the proceeding in the having died during the course of the proceeding in the Tribunal, his Legal heirs have been brought on record Tribunal, his Legal heirs have been brought on record Tribunal, his Legal heirs have been brought on record and who are the Respondents to the main Writ Petition and who are the Respondents to the main Writ Petition and who are the Respondents to the main Writ Petition as well as to this Civil Application. They are as well as to this Civil Application. They are as well as to this Civil Application. They are receiving the pension. That pension must have been receiving the pension. That pension must have been receiving the pension. That pension must have been proportionately reduced as per the order of the proportionately reduced as per the order of the proportionately reduced as per the order of the Tribunal. In the event the Petition filed by the Tribunal. In the event the Petition filed by the Tribunal. In the event the Petition filed by the State Government succeeds, the pension will have to be State Government succeeds, the pension will have to be State Government succeeds, the pension will have to be re-worked on the footing that the order of compulsory re-worked on the footing that the order of compulsory re-worked on the footing that the order of compulsory retirement was correct. That can be done when the retirement was correct. That can be done when the retirement was correct. That can be done when the main Petition is heard and decided. There is no main Petition is heard and decided. There is no main Petition is heard and decided. There is no 3 reason to restore the original interim order in the reason to restore the original interim order in the reason to restore the original interim order in the Writ Petition, which has been vacated some 3 years Writ Petition, which has been vacated some 3 years Writ Petition, which has been vacated some 3 years back. back. back. . Civil Application is rejected of accordingly. . Civil Application is rejected of accordingly. . Civil Application is rejected of accordingly. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)