Bombay High Court
Shankar Mahadeo Mutekar And Ors vs Teh State Of Maharashtra Thr. ... on 18 August, 2022
Bench: G.S. Patel, Gauri Godse
901-902-ASWP-9803-2022+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9803 OF 2022
Santosh B Patil & Ors ...Petitioners
Versus
The State of Maharashtra Through Secretary ...Respondents
Home Department & Ors
AND
WRIT PETITION NO. 9805 OF 2022
Shankar Mahamed Mutekar & Ors ...Petitioners
Versus
The State of Maharashtra Through Secretary ...Respondents
Home Department & Ors
Mr Sandeep S Dere, for the Petitioner in both matters.
Mr PP Kakade, GP, with BV Samant AGP, for State.
CORAM G.S. Patel &
Gauri Godse, JJ.
SHEPHALI DATED: 18th August 2022
SANJAY
MORMARE PC:-
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2022.08.19
11:45:49 +0530
1. The Writ Petition is directed against an order of 8th August
2022 of the Maharashtra Administrative Tribunal ("MAT"),
Mumbai Bench. The Applicants sought an order from the MAT that
in view of the judgment dated 4th August 2017 of this High Court in
18th August 2022
901-902-ASWP-9803-2022+.DOC
Civil Writ Petition No. 2797 of 2015 (State of Maharashtra & Ors v
Vijay Ghogre & Ors), the Applicants should be granted a deemed
date of promotion. They sought an order that they should be placed
as per seniority. In issue was a Government Resolution dated 7th
May 2021.
2. It appears that on 9th June 2022, pending a Reply from the
State Government, the MAT directed that nobody would be
promoted until the filing of the Reply so as to avoid further
complications. This position was not disturbed until the impugned
order of 8th August 2022.
3. By that date, on 15th June 2022, the Reply had already been
filed. The OA appears to have been then fully argued.
4. The MAT seems to have taken notice of the fact that against
the Bombay High Court order in Vijay Ghogre, the State
Government had filed a Special Leave Petition. That Petition is
pending even today. No interim orders have been passed. There is
no stay of the Bombay High Court order and decision. To the
contrary, it seems that the State Government has been
implementing this Court's directions and order in Vijay Ghogre. The
MAT in paragraph 9 of its impugned order noted that the question
of reservations in promotion required the collection of quantifiable
data. It seems to have been told across the Bar, though not on
Affidavit, that the work of collecting the quantifiable data was in
progress but as yet incomplete.
18th August 2022
901-902-ASWP-9803-2022+.DOC
5. The MAT then proceeded on the assumption or on the
likelihood of a decision one way or the other in the pending Special
Leave Petition. This is reflected in paragraphs 10, 11 and 12 of the
impugned order. The MAT modified its earlier order of 9th June
2022, vacated the stay and said that the promotions to the post of
Police Inspector were to be given in accordance with the GR dated
7th May 2021. But the applicability or inapplicability of that GR to
the Petitioners was indeed the question to be decided. We do not see
how the MAT could have speculated as to a likely outcome in the
Supreme Court and effectively bypassed the otherwise binding
decision of this Court in Vijay Ghogre.
6. We notice that the OA is as yet pending. In paragraph 13 the
MAT has fixed the matter on 7th September 2022 but also said that
a further Reply is required.
7. We request to the MAT to dispose of the OA finally at the
earliest and to do so without being in any way influenced by the
impugned order, especially its observations in paragraphs 8 to 13. As
regards paragraph 13, we restore until final disposal of the OA the
previous interim/ad-interim order of 9th June 2022.
8. The Petitions are disposed of in these terms with no order as
to costs.
(Gauri Godse, J) (G. S. Patel, J)
18th August 2022
