Bombay High Court
The State Of Maharashtra And ... vs Bhimrao Ananda Patil on 20 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1041 OF 2021
The State of Maharashtra and others .. Petitioners
Versus
Bhimrao Ananda Patil .. Respondent
Shri K. N. Lokhande, A.G.P. for Petitioners/State.
AND
WRIT PETITION NO. 1042 OF 2021
The State of Maharashtra and others .. Petitioners
Versus
Ajabrao Rambhau Patil .. Respondent
Shri P. K. Lakhotiya, A.G.P. for Petitioners/State.
AND
WRIT PETITION NO. 1068 OF 2021
The State of Maharashtra and others .. Petitioners
Versus
Shankar Daga Chaudhari .. Respondent
Shri K. N. Lokhande, A.G.P. for Petitioners/State.
AND
WRIT PETITION NO. 1071 OF 2021
The State of Maharashtra and others .. Petitioners
Versus
Bhagwat Trimbak Chaudhari .. Respondent
Shri K. N. Lokhande, A.G.P. for Petitioners/State.
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CORAM : S. V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 20TH JANUARY, 2021.
FINAL ORDER :
. All these writ petitions are based on same set of facts and
involve common question of law. Therefore, same are decided by
this common order.
2. The present respondents had approached the Maharashtra
Administrative Tribunal seeking declaration that they are
eligible for grant of deemed date of promotion on the post of
Junior Engineer from the date of passing professional/qualifying
examination and eligible to get further consequential benefits.
So also assailing the communication issued by the respondent
No. 1 in the original application rejecting their claims for grant of
deemed date of promotion.
3. The Tribunal under the impugned judgment set aside the
impugned communication and held that, the respondents are
eligible to get the deemed date of promotion on the post of Junior
Engineer from the date of passing professional/departmental
examination.
4. The Tribunal relied upon the judgment of the Division
Bench of this Court at Principal Seat at Bombay in Writ Petition
10623 of 2014, W. P. No. 10624 of 2014, W. P. No. 10625 of 2014
and O. A. Nos. 9266 of 2017, decided under judgment dated
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17.07.2018. Under the said judgment, the High Court uphold the
order of the Tribunal granting deemed date of promotion.
5. We have heard the learned Assistant Government Pleader
appearing in respective writ petitions. The learned A. G. P.
submit that, decision of the High Court in the writ petitions
referred to above will be limited to the employees therein and
that the respondents are not entitled for the deemed date of
promotion.
6. Upon confronted with the judgment of this Court at the
Principal Seat at Bombay dated 17.07.2018 in Writ Petition No.
10623 of 2014 with other connected writ petitions, the learned A.
G. P. accede that the present respondents are similarly situated
as the parties in the above referred writ petitions.
7. The judgment of the Division Bench of this Court at
Principal Seat at Bombay dated 17.07.2018 in Writ Petition No.
10623 of 2014 with other connected writ petitions still holds the
field.
8. For the reasons recorded in the judgment dated 17.07.2018
in Writ Petition No. 10623 of 2014 with other connected writ
petitions, the present writ petitions would also meet the same
fate.
9. In view of that, the impugned judgment of the Tribunal
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based upon the judgment of the Division Bench of this Court at
Principal Seat dated 17.07.2018 in Writ Petition No. 9266 of
2018 with other connected writ petitions need no interference.
The writ petitions as such are dismissed. No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
bsb/Jan. 21
