Hanumantrao Dinkarrao Deshmukh And Others v. State Of Maharashtra, Through Its Secretary, Ministry Of Revenue, Mumbai And Others

CAW387-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application (CAW) No. 387/2017 in Writ Petition No.1593/2014 (Hanumantrao Dinkarrao Deshmukh and others .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.L. Khapre, Advocate for Petitioners.

Mr. D.P. Thakre, Addl. G.P. For Respondent Nos. 1,2,3 and 10. Mr. S.G. Joshi, Advocate for Applicants/Respondent Nos. 4 to 9.

CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : March 10, 2017.

The original respondent Nos. 4 to 8 have approached this Court for clarification of the order passed by this Court dated 26.11.2015.

The learned counsel for the applicants submits that vide the said order this Court had only quashed and set aside that part of the order which directs a fresh seniority list to be prepared and published.

We clarify the order dated 26.11.2015 to the effect that vide the said order we had only quashed and set aside clause 5 of the operative order. In so far as the grant of deemed date is concerned, we clarify that though we had directed respondents No. 4 to 9 to be placed above the petitioners in the seniority list and though we had

CAW387-17.odt directed that the deemed date be given to the said respondents prior to that of the petitioners-talathis, we have not specified as to from which date they shall be given the deemed date of promotion. We further clarify that if a prior deemed date is required to be granted to the said respondents as per the order of the Commissioner, the applicants/original respondents would be entitled to such a deemed date.

JUDGE JUDGE halwai