Bhushan Ravindra Dhivare v. Union Of India Throu. Sec. Ministry Of Defence And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.628 OF 2025 Bhushan Ravindra Dhivare .. Petitioner Vs.

Union of India, Through Ministry of Defence and Ors.

.. Respondents Mr. Nitin Gaware Patil with Mr. Abhishek Nagode, Advocates for the Petitioner.

Ms. Anjali N. Helekar with Mr. Shreyas Deshpande, Advocates for the Respondents.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 5TH FEBRUARY 2025.

P.C. :

1.

Pursuant to the order dated 22nd January 2025, the learned counsel appearing for the respondents seeks to refer to communication dated 26th September 2014 issued by the Deputy Director General (Administration), Defence Estate, wherein it is stated that insofar as Group "C" post in the Defence Estate is concerned, the tenure of the incumbent would be as prescribed by the letter dated 25th November 2005. 2.

The learned counsel for the petitioner has filed a further affidavit along with various documents including Office Memorandum dated 30th July 2014 to indicate that even for Group "C" post, reference to the Civil Services Board would be necessary.

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3.

Time of four weeks is granted to the respondents to file a clear affidavit indicating whether the case of the petitioner, who is holding a Group "C" post / Group "B" (Non-Gazetted) post, was required to be placed before the Civil Services Board in terms of the judgment of the Supreme Court in T.S.R. Subramanian and Ors. Vs. Union of India and Ors., (2013) 15 SCC 732.

4.

Stand over to 26th February 2025.

5.

Parties to act on authenticated copy of this order. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.02.06 10:33:00 +0530 Dixit SNEHA ABHAY DIXIT 13-WP-628-2025.doc