Bombay High Court
Mr. Vinayak Hanmantrao Gurav vs State Of Maharashtra Through ... on 18 July, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
905-ASWP-192-2022+.DOC
Gitalaxmi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 192 OF 2022
Milind Sopanrao Waghmare ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 4747 OF 2022
Dhanashree Bharat Acharya ...Petitioner
Versus
State of Maharashtra through General
Administration Department & Ors ...Respondents
WITH
WRIT PETITION NO. 4749 OF 2022
WITH
INTERIM APPLICATION (ST) NO. 18770 OF 2023
IN
WRIT PETITION NO. 4749 OF 2022
WITH
INTERIM APPLICATION NO. 3600 OF 2022
IN
WRIT PETITION NO. 4749 OF 2022
Vinayak Hanmantrao Gurav ...Petitioner
Versus
State of Maharashtra through General
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Administration Department & Ors ...Respondents
WITH
WRIT PETITION NO. 4707 OF 2021
Rajendra Bhanudas Andhale & Ors ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 4549 OF 2021
Vilas Parashram Pawar ...Petitioner
Versus
State of Maharashtra through Chief Secretary,
Government, Mantralaya Mumbai & Ors ...Respondents
WITH
WRIT PETITION NO. 1343 OF 2023
Sanjay Vinayakrao Upadhye ...Petitioner
Versus
State of Maharashtra through Chief Secretary,
Government, General Administrative Dept & Anr ...Respondents
WITH
WRIT PETITION NO. 11371 OF 2022
Abhishek Goenka ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
WRIT PETITION NO. 230 OF 2023
Dr Amit Gopaldas Diswal ...Petitioner
Versus
State of Maharashtra through Chief Secretary,
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905-ASWP-192-2022+.DOC
Government, General Administrative Dept & Ors ...Respondents
Dr Uday Warunjikar, with Siddhesh Pilankar, for the Petitioners in
WP/192/2022, WP/4747/2022, WP/4749/2022,
WP/4549/2021, WP/1343/2023 and for the Applicant in
IA(ST)/18770/2023.
Mr Sugandh Deshmukh, for the Petitioner in WP/4707/2021.
Mr Akshay Deshmukh, for the Petitioner in WP/11371/2022 &
WP/230/2023.
Dr Birendra Saraf, Advocate General, with PP Kakade,
Government Pleader & VM Mali, AGP, for the Respondent-State
in all WPs.
Mr AY Sakhare, Senior Advocate, with Ashok Gade & Riya John,
for Respondent No. 2 in WP/4747/2022 & WP/4749/2022.
Dr Abhinav Chandrachud, with Saurish Shetye (Amicus Curiae).
CORAM G. S. Patel &
Neela Gokhale, JJ.
DATED: 18th July 2023
PC:-
1. We have heard the parties for some time on the question of
law. Dr Saraf seeks time to file an Affidavit in Reply. It is to be filed
and served by 8th August 2023. We do not think response affidavits
will be required.
2. We list the matters on 11th August 2023.
3. Dr Saraf is also requested to keep available a copy of all the
Government Resolutions resorted to in the Petitions, along with
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905-ASWP-192-2022+.DOC
official translations for ease of quoting or extracting in the body of
the judgment itself.
4. In Writ Petition No. 4749 of 2022, where the Petitioner is Mr
Vinayak Hanmantrao Gurav, Dr Warunjikar informs us that an
Interim Application (St) No. 18770 of 2023 has been filed for a
direction that the 2nd Respondent, viz., Maharashtra State
Electricity Transmission Company ("MahaTransco") be directed
to promote the Petitioner to the post of Executive Engineer
pursuant to a correction slip issued by the 1st Respondent on 23rd
June 2023. The Petitioner, Mr Gurav is a person with multiple
disabilities. In that category, he is the only candidate according to Dr
Warunjikar. This will undoubtedly be examined by the 1st
Respondent represented by Mr Sakhare and accordingly, we allow
the Interim Application but with a modified prayer directing the 2nd
Respondent, MahaTransco to consider the Petitioner's case for
promotion as Executive Engineer, having regard to the nature of the
multiple disabilities and the correction slip of 23rd June 2023. This
decision will be independently taken on merits and in accordance
with law.
5. The Interim Application is disposed of in these terms.
(Neela Gokhale, J) (G. S. Patel, J)
18th July 2023
