Partly allowed

Maharashtra Mantralaya Officers Assocation, through President, Mr. R. K. Dhanwade and Ors. v. State of Maharashtra, through Additional Chief Secretary (Revenue), Revenue and Forest Dept and Ors.

Bombay HC1 Dec 2014WP/4313/2014

Case brief

AI extract

What is this about?

The High Court bench rejected submissions for interim relief or status-quo regarding government circulars and appointment/promotion posts, noting no grant of interim relief until the principal matter is finally decided, and directed the learned Tribunal to dispose of the original application within six months, while disposing of the pending writ petition keeping all points open.

What did the court decide?

No order as to costs; Writ Petition disposed of keeping all points open; Tribunal directed to decide Original Application within six months.

Maharashtra Mantralaya Officers Assocation… — Pension and Retirement Benefits | Bombay HC (2014)

¶1

ssm 1

¶2

50-wp4313.14.sxw

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 4313 OF 2014

¶4

Maharashtra Mantralaya Officers' Association & Ors.

¶5

….Petitioners.

¶6

Vs.

¶7

State of Maharashtra & Ors. ….Respondents.

¶8

Mr. Ravindra K. Adsure for the Petitioners. Mr. C.P. Yadav, AGP for Respondent Nos. 1 to 6. Mr. P.K. Dhakephalkar, Senior Advocate a/w Mr. J.G. Aradwad (Reddy) for Respondent Nos. 9 to 14.

¶9

CORAM : ANOOP V. MOHTA AND N.M. JAMDAR, JJ. DATE : 1 DECEMBER 2014.

¶10

P.C.:-

¶11

Rule, returnable forthwith.

¶12

Heard finally, by consent of the parties.

¶13

2 The Petitioners-Applicants have challenged impugned

¶14

order dated 2 April 2014 whereby, the learned Judge, after hearing the parties, by detailed reasons, rejected interim reliefs so prayed.

¶15

3 The submissions to grant the interim reliefs before this

¶16

Court in a Petition filed on 16 April 2014, and/or at least maintain the status-quo, is unacceptable, as the issue so raised in the Original

¶17

1/2

¶18

ssm 2 50-wp4313.14.sxw

¶19

Application unless decided finally, the interim reliefs and/or statusquo so prayed, we are not inclined to grant. There is no interim relief

¶20

granted even by this Court. However, considering the rival contentions, as the issues and challenges are revolving around the Government Circulars dated 28 March 2011, 12 December 2012 and

¶21

22 November 2013 and actions based upon the appointment/promotion of posts of Deputy Collector Group “A” and the Tahasildar, Group “A”, we are inclined to direct the learned Tribunal to decide the Original Application, as early as possible, preferably within six months from today.

¶22

4 The parties to file reply and/or additional reply and/or the rejoinder, if any, before the learned Tribunal within four weeks from today.

¶23

5 By keeping all points open, the Writ Petition is disposed of.

¶24

6 Rule is disposed of accordingly. There shall be no order as

¶25

to costs.

¶26

(N.M. JAMDAR, J.) (ANOOP V. MOHTA, J.)

¶27

2/2

Maharashtra Mantralaya Officers Assocation, through President, Mr. R. K. Dhanwade and Ors. v. State of Maharashtra, through Additional Chief Secretary (Revenue), Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra Mantralaya Officers Assocation, through President, Mr. R. K. Dhanwade and Ors. v. State of Maharashtra, through Additional Chief Secretary (Revenue), Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri. Ajit Shivaji Bhujbal Vs the Chairman, Maharashtra Public Service Commission and Anr.

Smt. Monica Pradeepkumar Pole Vs the Honble High Court of Mumbai

Shri. Ashok Kisan Kumavat Vs Maharashtra Industrial Development Corporation, through Chief Executive Officer and Anr.

Nitin Ashok Chavan Vs the State of Maharashtra, through Principal Secretary, Co-Operative Dept and Ors.

Shri. Moreshwar Raghunath Deshmukh Vs the State of Maharashtra, through Additional Chief Secretary, Revenue and Forest Dept and Ors.

Shri. Sanjay Eknath Baviskar Vs the Maharashtra Jeevan Pradhikaran (M.J.P.), through Member Secretary and Anr.