Single-judge interim order in a civil application regarding regularization of promotions. Court directed the State not to implement orders without MPSC prior consent.
Direction that Respondent-State will not implement regularization orders if MPSC prior consent was not taken.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1576 OF 2007 IN
WRIT PETITION NO.6489 OF 2000
Balasaheb Tukaram Deshmukh ...Applicant
V/s.
The State of Maharashtra & Ors.
...Respondents
Mr.B.T. Deshmukh, applicant, present in person.
Mr.R.M. Patne, A.G.P., for Respondent Nos.1 to 3.
Mr.H.S. Khokhawala, Advocate, i/b. Nankani & Associates, for Respondent Nos.5, 6, 10, 12, 14, 15, 18, 19, 21, 23, 24, 29, 35, 42, 45, 46, 48, 51, 52, 57, 59 & 62.
CORAM : J.N. PATEL & A.A. SAYED, JJ.
DATE : 13TH AUGUST, 2007.
P.C.:
to file reply to the Civil Application seeking interim
order in the matter.
| Respondent | Nos.4 to |
62 on |
vario | us grou |
nds. | One | of the |
|---|---|---|---|---|---|---|---|
| important | issue taken |
by | the | Petitioner | is |
that |
|
| Respondent-G | overnment | has | i | ssued | regulari | zation | orders |
| without | taking prior |
consent | of | the | M.P.S.C. | in | the |
| matter | of their |
promotions. | Though | M.P.S.C. | is a |
||
| party-respond | ent, they |
have |
not | responded | to |
the | writ |
| of this |
Court, nor |
anything | is | placed | by | the | respondent |
| on re |
cord to sho |
w that |
prior | consent | of |
the | M.P.S.C. |
the
was taken by the State before
issuing
regularization orders relating to the promotions of the
Respondents which are impugned in this Writ Petition.
| 4. | We, ther | efore, dispose | o | f this Civil | ||
|---|---|---|---|---|---|---|
| Application | with | directions that the |
Respond | ent-State | ||
| will | not | imple | ment the regularization |
orders | of | the |
| respondents, | if no |
prior consent of the |
M.P.S. | C. | has | |
| been | taken | in the |
matter and in case |
those | orders | are |
| already | issued, | the | right conferred on |
the | incumbent | s / |
| beneficiaries | of su |
ch orders would |
be | subject | to | |
| decision | of | this | Court in the |
matter | and | the |
| Respondents | will | not claim any equity |
on | the | ground |
that as they have been regularized, their promotion and
seniority cannot be disturbed.
week commencing from 3rd September, 2007.
[A.A. SAYED, J.] [J.N. PATEL, J.]
Balasaheb Tukaram Deshmukh
The State of Maharashtra
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
