The Secretary, Maharashtra ... vs Dharampal Murlidhar Barmase And ...
2017 Latest Caselaw 7634 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION

                                              W.P. NO. 9390 OF 2015


    The Secretary,                                                                  ]
    Mah. Public Service Commission                                                  ]
    situated at 5½, 7, 8th floor,                                                   ]
    Cooperage Telephone Corporation                                                 ]
    building, Maharshi Karve Road,                                                  ]
    Cooperage, Mumbai                                                               ].. Petitioner

                        Vs.

         1. Dharampal Murlidhar Barmase                                             ]
            Aged about 54 years,                                                    ]
            Occ: Service as Technical Asstt.                                        ]
            in the office of Dairy                                                  ]
            Development Commissioner,                                               ]
            Khan Abdul Gafar Khan Road,                                             ]
            Worli-Seaface, Worli,                                                   ]
            Mumbai-18 Residing at C/2,                                              ]
            Dairy Staff Quarters,                                                   ]
            Worli, Mumbai-400018                                                    ]
                                                                                    ]
         2. The State of Maharashtra                                                ]
            through the Additional Chief                                            ]
            Secretary, Agri., Dairy                                                 ]
            Development and Fisheries,                                              ]
            Department, Mantralaya,                                                 ]
            Mumbai-400 032                                                          ]
                                                                                    ]
         3. The Commissioner,                                                       ]
            Dairy Development, Animal                                               ]
            Husbandry and Fisheries                                                 ]
            Deptt. Khan Abdul Gafar Khan                                            ]
            Road, Worli, Mumbai-400018                                              ].. Respondents




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                           ....
Mr. Shrikrishna Ganbavale Advocate for Petitioner
Mr. Yashodeep Deshmukh Advocate i/b Sharayu Shinde for
Respondent No. 1
Mr. N.C. Walimbe AGP for Respondent Nos. 2 and 3
                           ....


                    CORAM : SMT.V.K.TAHILRAMANI AND
                            DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATED : SEPTEMBER 27, 2017

P.C.:

1 Heard the learned counsel for the petitioner, the

learned counsel for respondent no.1 and the learned AGP for

the respondent nos. 2 and 3. Rule. By consent, rule is made

returnable forthwith and the matter is heard finally.

2 This petition has been preferred by Maharashtra

Public Service Commission (for short "MPSC" ) against the order

dated 12.2.2015 passed by Maharashtra Administrative

Tribunal, Mumbai in Original Application No. 697 of 2012. By

the said order, the Original Application preferred by Respondent

No.1 came to be allowed. In the Original Application,

Respondent No.1 claimed that his candidature as General

Manager from Scheduled Caste category in the Dairy

Development Department was wrongly rejected by MPSC on the

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ground that he did not have sufficient experience. As stated

earlier, the Original Application came to be allowed and

Petitioner and Respondent Nos. 2 and 3 were directed to

appoint Respondent No.1 as General Manager in Government

Milk Scheme.

3 The State has also challenged the very same order of

Maharashtra Administrative Tribunal dated 12.2.2015 in O.A.

No. 697 of 2012 by preferring Writ Petition No. 11750 of 2016.

The said Writ Petition was allowed by us today. For the

reasons mentioned in the judgment delivered by us today in

Civil Writ Petition No. 11750 of 2017, this petition is also

allowed. Rule is made absolute in above terms.

[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J. ]

kandarkar

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