Bombay High Court
The Secretary, School Edu. And ... vs Shri. Sanjay Raghunath Chavan And ... on 10 February, 2021
Bench: A.A. Sayed, Nitin W. Sambre
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Review Petitions-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (ST) NO.3452 OF 2019
IN
WRIT PETITION NO.5629 OF 2018
The State of Maharashtra & Ors. ....Petitioners
V/s
Maharashtra Rajya Madhyamik Shala
Shikshaketar Sanghatanache
Mahamandal & Ors. ....Respondents
WITH
REVIEW PETITION ST NO.1101 OF 2019
IN
WRIT PETITION NO.922 OF 2014
The Secretary, School Education
& Sports Department, Mantralaya & Ors ...Petitioners
Vs
Mahavir Dattatray Vasagadekar & Ors. ...Respondents
WITH
REVIEW PETITION ST NO.1108 OF 2019
IN
WRIT PETITION NO.334 OF 2018
The Secretary, School Education
& Sports Department, Mantralaya & Ors ...Petitioners
Vs
Suresh Bhanudas Shinde & Anr. ...Respondents
WITH
REVIEW PETITION ST NO.1160 OF 2019
IN
WRIT PETITION NO.924 OF 2014
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Review Petitions-2021.doc
The Secretary, School Education
& Sports Department, Mantralaya & Ors. ...Petitioners
Vs
Smt. Anuradha V. Deshpande & Ors. ...Respondents
WITH
REVIEW PETITION ST NO.2296 OF 2019
IN
WRIT PETITION NO.12983 OF 2016
State of Maharashtra & Ors ...Petitioners
Versus
Hamant Daulat Yadhav & Ors ...Respondents
WITH
REVIEW PETITION ST NO.4968 OF 2019
IN
WRIT PETITION NO.7168 OF 2016
The Secretary, School Education & Sports
Department, Mantralaya & Ors ...Petitioners
Versus
Shri. Sanjay Raghunath Chavan & Ors. ...Respondents
WITH
REVIEW PETITION ST NO.8144 OF 2019
IN
WRIT PETITION NO.9284 OF 2018
The State of Maharashtra & Ors. ....Petitioners
V/S
Anil Ramchandra Mane & Ors. ....Respondents
...
Mr.A.A.Kumbhakoni, Advocate General with A. I. I. Patel, Addl. G. P.
with Mr.Akshay Shinde and Ms. P. N. Diwan, AGP for the
Petitioners.Applicant-State in all Applications.
Mr. Narendra Bandiwadekar with Mr.Vinayak Kumbhar i/b. Mrs.
Ashwini N. Bandiwadekar for Respondent in CAO/91/2019.
Mr. Shrikant Patil with Mr.Arjun Pawar for Respondent in Review
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Review Petitions-2021.doc
Petition (ST) No. 1108 of 2019 in Writ Petition No. 334 of 2018.
Mr.Satish Raut for Respondents.
...
CORAM : A. A. SAYED &
NITIN W. SAMBRE, JJ
DATED : 10th FEBRUARY, 2021
P.C.:
In the above Review Petitions filed by the State, the
challenge is to the orders passed in Writ Petitions allowing 2 nd
benefit of Time Bound Promotional Scheme to the non-
teaching staff on completion of 24 years of regular service.
2. Learned Advocate General submitted that the Time
Bound Promotional Scheme is only a one time scheme,
wherein benefit is to be given after 12 years of service and
there is no 2nd benefit on completion of 24 years of service
under the said Scheme. He submits that the reliefs sought in
the Writ Petitions were for 2nd benefit which is not available
under the Scheme. Learned Advocate General points out that
in the orders under review, reliance is wrongly placed upon
judgments in Writ Petition Nos.2897 of 2012, 3265 of 2012
and 6089 of 2013, wherein the relief sought was only in
respect of one-time benefit of Time Bound Promotion Scheme
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Review Petitions-2021.doc
after completion of 12 years in service and therefore the said
judgments had no application to the case of the present
Respondent-employees, who are claiming 2nd benefit on
completion of 24 years.
3. The learned Counsel for the Respondent-employees
have not been able to show us any provision in the Time
Bound Promotional Scheme which confers 2 nd benefit on
completion of 24 years of service. Prima facie, we find
substance in the submissions of the learned Advocate
General. In the circumstances, we are inclined to grant ad-
interim relief and hear the Review Petitions finally, which may
entail more detailed arguments.
4. List the Review Petitions on 19 March 2021, in the
afternoon session in Court.
5. On the request of the learned Counsel for the
Respondent-employees, we permit them to file Affidavit-in-
Reply. Let such Affidavit-in-Reply be filed by 12 March 2021.
Rejoinder, if any, to be filed before the next date.
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Review Petitions-2021.doc
6. Until the next date, the impugned orders under
review shall stand stayed.
(NITIN W. SAMBRE, J.) (A. A. SAYED, J.)
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