1 WP4240.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4240 OF 2011 Gangadhar Narayanrao Ughade ... Petitioner v/s State of Maharashtra & ors. ... Respondents Mr.R.K.Mendadkar for the petitioner. Mr.A.B.Vagyani , A.G.P. for respondent Nos.1 to 4. Mr.Sanjay Kshirsagar for respondent No.5. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 30TH AUGUST, 2011 P.C.: 1. We have heard Mr.Mendadkar, the learned counsel for the petitioner and Mr.Vagyani, the learned A.G.P. appearing for the State of Maharashtra. 2. The petitioner had challenged the order of Maharashtra Administrative Tribunal and the appeal was heard and decided by the Principal Secretary in the Department of Industries, Energy and Labour, Government of Maharashtra. 2 WP4240.11 The said appeal was against the order of compulsory retirement passed on 19.11.2007 and the appeal was allowed on 21.8.2009. 3. As respondent No.5 was not a party before the Appellate Authority, he filed Original Application No.303 of 2010 challenging the order dated 21.8.2009 passed in favour of the petitioner and by which order he was reinstated in service by setting aside the order of compulsory retirement. 4. By the impugned order passed by the Maharashtra Administrative Tribunal on 4.5.2011, the order dated 21.8.2009 has been set aside, the appeal filed by the petitioner has been restored and directed to be heard by respondent No.3 i.e. the Director, Government Printing and Stationery, Government of Maharashtra. 5. We direct that the said appeal restored by the impugned order, be heard and decided on its own merits as expeditiously as possible and in any case within a period of six weeks from today and undoubtedly after hearing the parties concerned including respondent No.5. 6. The ad-interim order passed by this Court on 13.6.2011 3 WP4240.11 will continue to operate for a period of six weeks or till the respondent No.3 decides the appeal filed by the petitioner, whichever is earlier. 7. All rights and contentions of parties are left open. 8. Petition is disposed off in terms of the above directions. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 4 WP4240.11