Bhimrao Pandharinath ... vs The Nagpur Municipal ...
2023 Latest Caselaw 8341 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                     NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO. 454 OF 2022
                                    Bhimrao Pandharinath Chandankhede
                                                             Vs.
                               The Nagpur Municipal Corporation 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
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                            Shri S. S. Sanyal, Advocate for petitioner.
                            Shri A. S. Mehadia, Advocate for respondent nos. 1 to 3.
                            Smt. K. R. Deshpande, AGP for respondent no. 4/State.



                                 CORAM :-        AVINASH G. GHAROTE &
                                                 M. W. CHANDWANI, JJ.

DATED :- 17.08.2023

The petition concerns the promotion of the petitioner as Divisional Fire Officer (DFO) w.e.f. 16.03.2021, on account of what has been held in the case of State of Maharashtra Vs. Vijay Ghogare (Writ Petition No. 2797/2015, decided on 04.08.2017) that there cannot be any reservation in promotion. In SLP No. 28306/2017 filed against the said judgment/order, there is no stay granted by the Hon'ble Supreme Court. It is contended that even if this position is accepted, since there are two posts of DFO, the petitioner then would have been entitled to be considered for promotion in the Open category, denial of which is been questioned.

2. Mr. Mehadia, learned counsel for respondent nos. 1 to 3 makes a statement that because of relaxation given through Government Resolution dated 07.05.2021 by

RR Jaiswal

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the State, the petitioner has already been appointed as DFO and has been promoted as Chief Fire Officer.

3. That however does not address the issue of the petitioner being entitled to be considered for the post of DFO w.e.f. 16.03.2021.

4. The learned counsel for respondent nos. 1 to 3 therefore, to take the instructions and make a statement.

5. List the matter on 22.08.2023

(M. W. CHANDWANI, J.) (AVINASH G. GHAROTE, J.)

RR Jaiswal