The Chief Executive Officer, ... vs Arun Fagoji Sarve And Others
2016 Latest Caselaw 843 Bom

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                         
                                  NAGPUR BENCH, NAGPUR.




                                                                                            
                                       WRIT PETITION No.1636 OF 2016
                                                                       
      (The Chief Executive Officer, Zilla Parishad, Bhandara  Vs. Arun Fagoji Sarve and others)
    __________________________________________________________________________
    Office Notes, Office Memoramda of Coram,




                                                                                           
    appearances, Court's orders of directions                                Court's or Judge's orders.
    and Registrar's Orders.
                                                     
                                                 Mr. M.P. Munshi, Advocate for the Petitioner.




                                                                         
                                        CORAM :  S.B. SHUKRE
                                                                 ,  J .
                                                                   
                                                       nd
                                        DATE    :   22
                                                 ig        MARCH, 2016.

                                                              Issue notice to the respondents, returnable

on 5.4.2016.

Mr. V.P. Maldhure, learned A.G.P. waives notice for respondent No.2.

Notice to indicate that the matter is likely

to be taken up for final disposal at the admission stage.

Learned counsel for the petitioner submits

that the impugned order dated 27th June, 2013 directs that the respondent No.1 be given promotion as Senior Clerk with effect from 7.2.1996 on the ground

that he is entitled to such a promotion he having been appointed in the post reserved for disabled person, in view of the provisions of the Special Act, 1995. Learned counsel further submits that the Special Act 1995 itself came into force in the year 2005 and, therefore, the Industrial Court could not have found

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entitlement of the respondent No.1 to such a

promotion in the Special Act, 1995.

Having regard to this submission, there shall be ad-interim stay to the effect and operation of the operative part No.4 of the impugned order dated

27th June, 2013 till appearance of the respondent No.1.

Stand over to 5.4.2016.

JUDGE

DWW