Shri Sunil Dharmraj Deshmukh And ... vs The Principal Secretary Urban ...
2022 Latest Caselaw 13202 Bom

                                                                  10.14706.22-wp.docx

         Digitally
         signed by
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         BASAVRAJ
BASAVRAJ GURAPPA
                                        CIVIL APPELLATE JURISDICTION
GURAPPA PATIL
PATIL    Date:
         2022.12.20
         10:52:33
                                         WRIT PETITION NO. 14706 OF 2022
         +0530

                      Sunil Dharmraj Deshmukh & Ors.                ..... Petitioners

                             Vs.

                      The State of Maharashtra & Ors.               ..... Respondents

                      Mr. Y. B. Lengare for the Petitioners
                      Mr. B. V. Samant, AGP for the State


                                               CORAM:    S.V.GANGAPURWALA, ACJ &
                                                         S.G.CHAPALGAONKAR, J.

DATED : DECEMBER 19, 2022

P.C.

1 We have heard the learned Counsel for the Petitioners and the

learned AGP for the State .

2 The Petitioners have filed an Original Application challenging

the order passed by the Respondents thereby reducing the

Petitioners from Cadre - A to Cadre - B and from Cadre - B to Cadre -

C, respectively.

3 The Petitioners had filed an Interim Application for stay and

execution of the order reducing Petitioner No.2 from Cadre - A to

Cadre - B and other Petitioners from Cadre - B to Cadre - C. The

Tribunal has observed that the said decision is taken pursuant to the

decision taken by the Maharashtra Administrative Tribunal, Nagpur

Basavraj 1/2 10.14706.22-wp.docx

dated 8th January 2019 in Original Application No.1025/2018.

4 We asked the learned counsel for the Petitioners and the

learned AGP, whether the judgment of the Tribunal at Nagpur in

Original Application No.1025/2018 is stayed, they submit that no

such stay has been granted to the judgment of the Tribunal.

5 The Respondents have carried out the exercise purportedly,

pursuant to the order of the Tribunal at Nagpur in Original

Application No.1025/2018. In view of that, the Tribunal has

observed that interim relief at this stage cannot be granted.

6 Even otherwise, if the Applicants succeed in the Writ Petition,

the Applicants would be entitled for all the consequential benefits.

The order of which the stay is sought, is already implemented by the

Respondents.

7 In light of that, we are not inclined to pass any further orders

in the Writ Petition. The Writ Petition, as such, is disposed of, in view

of the observations made above. No costs.

8 We request the Tribunal to consider the Original Application

filed by the Petitioners, expeditiously.

( S.G.CHAPALGAONKAR , J)                   (ACTING CHIEF JUSTICE)

Basavraj                                                            2/2