The State Of Maha. Thr. Its Sec. General Administration Dept. Works, Mantralaya, Mumbai And ORS v. Manohar Tulsiramji Patil And Others

1 50-1925-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1925 OF 2024 The State of Maharashtra Through its Secretary, General Administrative Department Works and others Vs. Kamlakar Ramaji Niwal and others WITH WRIT PETITION NO. 3286/2024 The State of Maharashtra Through its Secretary, General Administrative Department Works and others Vs. Manohar Tulsiramji Patil and others WITH WRIT PETITION NO. 5604/2024 The State of Maharashtra Through its Secretary, General Administrative Department Works and others Vs. Ganpat Gulabrao Pradhan and others WITH WRIT PETITION NO. 5603/2024 The State of Maharashtra Through its Secretary, General Administrative Department Works and others Vs. Vithal Narayanrao Sange and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.R. Patil, AGP for Petitioners Mr.D.R.Irale Patil, Advocate for Respondents CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 25th FEBRUARY, 2025 1.

The petitions question the judgment dated 18.04.2023, passed by the learned Maharashtra Administrative Tribunal in Original Application Nos. 321/2022 and 322/2022, whereby the claim of the respondents, for grant of time bound promotion in

2 50-1925-2024.odt terms of the Government Resolutions dated 08.06.1995 and 20.7.2001 after completion of twelve years from the date on which they have been absorbed on the post of Section Engineer, which is equivalent to the post of Assistant Engineer Grade- II in terms of the Government Resolution dated 16.04.1984, has been allowed. Though Mr.

Patil, learned Assistant Government Pleader for the petitioners vehemently assailed the impugned judgment contending, that the same needs to be quashed and set aside, as the learned Maharashtra Administrative Tribunal has not properly appreciated the intent and scope of the aforesaid Government Resolutions, however, what we find is, that the issue is question is covered by the judgment of the Hon'ble Apex Court in The State of Maharashtra and another Vs Madhukar Antu Patil and another, Civil appeal 1985/2022, decided on 21.3.2022 in which in para 6 it has been held, that the petitioners therein who were absorbed on the post of Civil Engineering Assistant, would be entitled for grant of time bound promotion from the date of absorption and not otherwise.

The position has also been considered earlier in Association of the SubOrdinate Service of Engineers Maharashtra State Vs. State of Maharashtra, 2019(4) Mh.L.J. 629, para Nos. 39 and 42.

3 50-1925-2024.odt see any reason to interfere in the impugned judgment which has considered the position which has has already been held and decided. The petitions are, therefore, dismissed. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 26/02/2025 10:07:27