Trupti Harschandra Puranik And 2 ... vs State Of Maharashtra And 2 Ors
2021 Latest Caselaw 6845 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   ORDINARY ORIGINAL CIVIL JURISDICTION

                    WRIT PETITION (L) NO. 10737 OF 2021

Trupti H. Puranik and ors.                              ...Petitioners.
      V/s.
State of Maharashtra and ors.                           ...Respondents.

Mr. U.P. Warunjikar for the Petitioners.
Ms Jyoti Chavan, AGP for the Respondent - State.
Mr. A.V. Bukhari, Sr. Advocate a/w. Ms Rupali Adhate for
Respondent Nos.2 and 3- Corporation.

                                    CORAM        :      K.K.TATED &
                                                        N.R. BORKAR, JJ.

                                    DATE         :      29.04.2021
P.C. :

1. Heard learned counsel for the parties.

2. By this petition under Article 226 of the Constitution of India,

the petitioners are challenging the Government Resolution (G.R.)

dated 20.4.2021 cancelling all actions taken by the respondents

as per earlier G.R. dated 18.2.2021.

3. Mr. Uday Warunjikar, learned counsel for the petitioners,

submits that as per earlier G.R. dated 18.2.2021, the petitioners

were promoted as Deputy Law Ofcers and as on today, they are

functioning in that capacity. He submits that G.R. dated 20.4.2021

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is contrary to the judgment passed by this court and the Hon'ble

Supreme Court. Hence, they preferred the present petition.

4. The learned Counsel for the Petitioner submits that before

cancelling the promotion order issued by the Respondents, they

failed and neglected to issue any show cause notice to them. Not

only that, the copy of cancellation order dated 28.04.2021 is not

served on the Petitioners till today. He further submits that even

the Respondent Corporation failed to make any statement on

solemn afrmation that the copy of cancellation order dated

28.04.2021 is duly served on the Petitioners. Hence, the

Petitioners challenge the action taken by the Respondents on

several grounds amongst following few grounds which are as

under:

"(ii) The Petitioners submit that already earlier G.R. dated 18.02.2021 has been implemented. The Petitioners have been promoted subject to the conditions mentioned in the G.R. dated 18.02.2021. Consequently, the situation as that of the present Petitioners is not considered by the Respondent herein while issued the G.R. dated 20.04.2021.

(iii) The Petitioners submit that no any opportunity of being heard was given to the present Petitioners or

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similarly situated persons in whose favour the right accrued by virtue of the implementation of the G.R. dated 18.2.2021.

(iv) The Petitioners submit that once the Honourable Supreme Court of India has not granted any interim protection in favour of the Respondent No.1 who has fled SLP before the Honourable Supreme Court of India, there was no any occasion nor any legal necessity to issue the impugned G.R. dated 20.04.2021.

(viii) The Petitioners submit that by virtue of clause nos.2, 3 and 4 of the impugned G.R. dated 20.04.2021, the State is again trying to implement the provisions of the G.R. dated 25.5.2004 which has been set aside by this Honourable High Court by holding that it is ultra vires."

5. Mr.A.V. Bukhari, learned senior counsel appearing on behalf

of the Corporation, submits that pursuant to the G.R. dated

20.4.2021, they had issued the order dated 28.4.2021 cancelling

the promotion order of the petitioners dated 16.4.2021. Therefore,

there is no question of granting any interim and/or ad-interim

relief.

6. It is to be noted that the present petition came to be fled

on 26.4.2021. Learned counsel for the petitioners submits that

copy of petition was served on the respondents on same day, i.e.,

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26.4.2021. He further submits that till today, the petitioners are

working as Deputy Law Ofcers. He submits that neither the

petitioners nor their advocate received any letter and/or order

dated 28.4.2021 issued by the Corporation cancelling their

promotions. It is to be noted that even during the course of

argument, the learned Senior Counsel for the Corporation not

made any statement before this court that the copy of

cancellation order dated 28.04.2021 duly served on the

Petitioners. Neither he disputed the statement made by the

learned Counsel for the Petitioner that as on today, Petitioners are

working with Respondent Corporation as Deputy Law Ofcer.

7. Considering the facts and circumstances and as the

Corporation is seeking time to fle reply, it would be appropriate to

direct the parties to maintain status quo till next date. Earlier,

learned senior counsel appearing for the Corporation asked for

one week's time and later on, after receiving instructions, he

requests for two weeks' time to fle a reply. Hence the following

order is passed.

           a.      The respondents to fle their afdavit-in-reply on or

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before 9.6.2021 with copy to otherside.

b. Rejoinder, if any, to be fled on or before 11.6.2021

with copy to otherside.

c. Parties are directed to maintain status quo as of today

in respect of promotion of the petitioners, i.e. they can

continue to work as Deputy Law Ofcer till next date.

d. Matter to appear on board on 15.6.2021.

                   [N.R.BORKAR, J.]                         [K.K.TATED, J.]




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