Union Of India Through The Secretary Ministry Of Defence v. Ritesh Suresh Khachane

4-WP.13827.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13827 OF 2025 Union of India & Ors.

} Petitioners versus Ritesh Suresh Khachane } Respondent Mr. Aniruddha A. Garge, Advocate for the Petitioners. Mr. Vicky A. Nagrani, Advocate for the Respondent.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

4th NOVEMBER 2025 P.C.:

A direction to reconsider the candidature of the respondent for the post of Fitter General/Mechanical Semi Skilled in view of the clarification communication dated 1st September 2020 passed in Original Application No. 191 of 2022 has been put to challenge by the Union of India in this writ petition filed under Article 226 of the Constitution of India.

2.

Mr. Aniruddha A. Garge, the learned counsel for the petitioners-Union of India submits that in compliance of the order dated 12th March 2024 passed in Original Application No. 191 of 2022, a written order has been passed on 8th January 2025 declining the claim of the respondent for the post of Fitter General/Mechanical Semi Skilled.

3.

In view thereof, the present writ petition shall not lie. 4.

The Tribunal held as under: - "(i) the impugned order/communication dated 16.03.2021 is set aside.

4-WP.13827.2025.doc (ii) Respondents are directed to reconsider the candidature of the applicant for the aforesaid post of Fitter General/Mechanical Semi Skilled keeping in view the Disability Certificate dated 24.06.2015, page No. 15 of the OA read with the clarification received by the respondents vide communication dated 01.09.2020, page No. 93 and issue offer of appointment to the applicant, if no other legal impediment is found in the matter.

(iii) The applicant shall be entitled for all the consequential benefits such as fixation of his pay on notional basis, seniority based on his merit in the relevant selection process. However, the applicant shall not be entitled for arrears of pay. The aforesaid directions shall be complied by the respondents as expeditiously as possible and preferably within eight weeks from the date of receipt of a certified copy of this order."

5.

There is another reason to dismiss this writ petition and the reason is that there is no dispute as regards the applicability of the clarification communication dated 1st September 2020. This also cannot be a ground raised by the petitioners-Union of India that the disability certificate dated 24th June 2015 cannot be taken into consideration by the Employer.

6.

In view of the aforesaid reasons, Writ Petition No. 13827 of JAYANT VISHWANATH SALUNKE 2025 is dismissed.

JAYANT VISHWANATH SALUNKE Date: 2025.11.12 14:42:46 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]