Dismissed

Vijaykumar Khemaji Ade and Others v. the State of Maharashtra through Its Secretary and Others

Bombay HC27 Oct 2023WP/805/2023

Case brief

AI extract

What is this about?

The Constitution Bench of the Bombay High Court, Aurangabad Bench, disposed of a writ petition challenging delays in the Cluster Chief promotion process. The court held the petition premature as the selection process had not commenced. Consequently, pending connected civil applications were also disposed of.

What did the court decide?

The writ petition was disposed of as premature; connected Civil Applications were disposed of.

Vijaykumar Khemaji Ade and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2023)

¶1

( 1 )

¶2

908 wp 805.23

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

908 WRIT PETITION NO.805 OF 2023
WITH CA/4426/2023 IN WP/805/2023
WITH CA/5456/2023 IN WP/805/2023
WITH CA/9263/2023 IN WP/805/2023

¶5

VIJAYKUMAR KHEMAJI ADE AND OTHERS VERSUS

¶6

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

¶7

Advocate for Petitioners : Mr. Munde Sambhaji G
AGP for Respondents/State : Mr. P.S. Patil
Advocate for R/4 & 5 : Mr. V.C. Patil h/f. U.B. Bondar

¶8

CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :27th October, 2023

¶9

P.C. :-

¶10

1.On 31.01.2023, we had passed the following order:

¶11

“1. The petitioners have put forth prayer clause B, C and D as under :-

¶12

"B) By issuing Writ of Mandamus or any other appropriate Writ, Order or directions in the like nature, the Respondents may kindly be ordered to complete cluster chief (Kendra Pramukh) promotion process as per the notification dated 10/06/2014 within time limit.

¶13

C) By issuing Writ of Mandamus or any other appropriate Writ, Order or directions in like nature, it may kindly declare and hold that Government Resolution dated 01/12/2022 cannot retrospective effect to the promotion to the present petitioners.

¶14

D) By issuing Writ of Mandamus or any other appropriate Writ, Order or directions in like nature, it may kindly direct to Zilla Parishad Latur dated 05/12/2022"

¶15

( 2 ) 908 wp 805.23

¶16

Issue notice to the respondents, returnable on 13.03.2023. The learned AGP waives service of notice on behalf of respondent Nos. 1 to 3. The learned Advocate waives service of notice on behalf of respondent Nos. 4 and 5.

¶17

Let the affidavits in reply be filed at least 10 days prior to the returnable date in this matter.

¶18

All office objections to be removed within 4 weeks.”

¶19

2.We have heard the learned advocates for the respective sides. The
contention of the learned advocate for the Petitioners is that the Respondents
be directed to complete the promotion process of Cluster Chief (Kendra
Pramukh) as per the notification dated 10.06.2014, within a timeline.

¶20

3. The learned advocate for the Zilla Parishad has filed an affidavit in

¶21

reply and has stated that the selection process for promotion to the post of
Cluster Head, has not been initiated. This statement is made in the additional
affidavit in reply dated 01.09.2023 in paragraph no.1. As such, taking into
account the statement made on oath by the Deputy Education Officer Primary
that the selection process or the promotion process for appointment of Cluster
Head has still not commenced, this petition is rendered pre-mature.

¶22

4.The Writ Petition is, therefore, disposed off. Needless to state, in

¶23

the event such process is commenced by the Zilla Parishad, they would follow

¶24

( 3 ) 908 wp 805.23

¶25

the due procedure laid down in law and in the light of the policies of the
Government as may be applicable.

¶26

3.In view of the above, the pending Civil Applications would not
survive and stand disposed off.

¶27

 [Y.G. KHOBRAGADE, J.]

¶28

[RAVINDRA V. GHUGE, J.]

¶29

mub

Vijaykumar Khemaji Ade and Others v. the State of Maharashtra through Its Secretary and Others

Case brief

What is this about?

What did the court decide?

Vijaykumar Khemaji Ade and Others v. the State of Maharashtra through Its Secretary and Others

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

Shivamsingh Vithalsingh Raghuvanshi Vs the State of Maharashtra through the Commissioner and Others

Rajashri Vithalsingh Raghuvanshi Vs the State of Maharashtra through the Commissioner for Disabled and Others

Jyoti Ganesh More Vs State of Maharashtra through Its Principal Secretary and Others

The State of Maharashtra through Principal Secretary and Another Vs Manohar Ramrao Maney and Others

Pravin Dattatraya Thakur Vs State of Maharashtra and Others

Sitabai Maroti Rathod and Others Vs State of Maharashtra through Its Secretary and Others