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Kishor Dewoo Kadam And ORS v. The State Of Maharashtra Throu. Sec. Rural Development Dept And ORS

2025-06-20Hon'Ble Justice Smt Manjusha Ajay Deshpande , Hon'Ble Shri Justice Shree Chandrashekhar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8028 OF 2025 Kishor Dewoo Kadam & Ors.

.....Petitioners Vs.

The State of Maharashtra Through Secretary Rural Development & Ors.

.....Respondents Mr. Mr. Ashwin R. Kapadnis, for the Petitioners. Mrs. Tanu Bhati, AGP for Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 20th JUNE 2025.

P.C.:- 1.

Leave to amend to add a missing page. Leave granted. Amendment to be carried out within one week.

2.

The Petitioners have contended that they have not completed five years of service of the present postings. Therefore, in terms of Clause 1.10 of the Policy dated 07/04/2021, they are entitled to retain their services at the present postings. Learned Advocate for the Petitioners has also drawn support from Clause 1.10 of the said Policy dated 07/04/2021.

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3.

The Petitioners have also relied upon an order dated 16th January 2025 of the Division Bench of this Court (Nagpur Bench) in the matter of Sangita Rajendera Hole and Others Vs. The State of Maharashtra and Ors., 1wherein on similar facts, the parties in that matter were directed to maintain status quo.

5.

We have gone through the averments made in the Petition as well as the order passed in Sangita Hole (Supra) matter. 6.

Prima facie, from the record, it seems that the Petitioners are entitled to the ad-interim relief, as they contend that they have not completed five years of service of the present posting. 7.

Issue notice to the Respondents returnable on 1st August 2025.

8.

Ms. Tanu Bhatia, learned AGP waives notice on behalf of the Respondent Nos. 1 & 2.

9.

Learned counsel for the Petitioners to supply spare copy of the Petition in the Registry within one week from today, so as to enable the Registry to issue notice to the Respondents. Civil Application (CAW) No. 40/2025 in WP. No. 7287/2024 2/3

10.

In the meantime, the parties are directed to maintain status quo till the next date.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) 3/3