Bombay High Court
Dr. Narayan S/O Pundalikrao ... vs Sumit Mallik, I.A.S. Chief ... on 29 January, 2021
Bench: A.S. Chandurkar, Nitin B. Suryawanshi
902.CAN14.21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (N) NO.14/2021 IN
CONTEMPT PETITION NO.249/2017 IN
WRIT PETITION NO.581/2014(D)
Dr. Narayan s/o Pundlikrao Suryawanshi
Vs.
Shri Sumit Malik, IAS, Chief Secretary, Government of Maharashtra, General
Administration Department, Mantralaya, Mumbai and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri N.D.Thombre, Advocate for petitioner/applicant.
Mrs. Sangeeta Jachak, Assistant Government Pleader for respondents.
CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.
DATED :- JANUARY 29, 2021.
By this civil application the petitioner prays that
the process of promotion to the post of 'Professor in Bio-
chemistry' at the Government Medical College, Nagpur be
stayed for the reason that the respondent no.5 in Writ
Petition No. 581/2014 is sought to be promoted. It is
further prayed that deemed date on the post of 'Associate
Professor' be also granted to the petitioner.
In Writ Petition No.581/2014 this Court had set
aside the order passed by the Maharashtra Administrative
Tribunal dated 10.09.2013 and the respondent no.1 was
directed to convey all adverse entries in the confidential
report of the petitioner and after granting him liberty to
make a representation, the respondent no.1 was directed to
re-consider the claim of the petitioner. Since that was not
done, the present contempt petition came to be filed.
In the reply filed on behalf of the respondent
no.1 it has been stated that the Annual Confidential Reports
(ACRs) of the petitioner have been upgraded. The
petitioner however could not be promoted by considering
him as a candidate belonging to the reserved category on
the ground that in Writ Petition No.2797/2015 this Court at
its Principal Seat had struck down the Maharashtra State
Public Services (Reservation for Scheduled Castes,
Scheduled Tribes, Denotified Tribes (Vimukta Jatis)
Nomadic Tribes, Special Backward Category and Other
Backward Classes) Act 2004. That judgment has now been
challenged before the Hon'ble Apex Court and in view
thereof promotion cannot be offered to the petitioner at this
stage. Noting this fact, the contempt petition was admitted
on 17.04.2018.
We find that the prayer made in the Civil
Application No.14/2021 gives a separate cause of action to
the petitioner for being agitated in appropriate proceedings.
This prayer cannot be considered in contempt jurisdiction.
Hence with liberty to the petitioner to initiate proceedings
for seeking the relief as prayed for in the civil application,
the civil application is disposed of.
JUDGE JUDGE
Andurkar..
