Babalal Usman Thodigi And Others v. The State Of Maharashtra Thr. Principal Secretary Dept. Of Co. Operation And ORS

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1135 OF 2026 Dhananjay Jagannath Ghate & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. Manish Kelkar a/w Ms. Gauri Phadake for the Petitioner. Ms. Savina R. Crasto, AGP for the Respondent-State. ---------- CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J DATE :

28 January 2026 ORDER :

1.

The learned Counsel for the Petitioners has tendered Affidavit of Service dated 28th January 2026, which shows that the Writ Petition along with Annexures have been physically served upon the Respondents and they have acknowledged the same. SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2026.02.02 10:55:04 +0530 2.

The learned Assistant G.P. appears for the Respondent Nos. 1, 2 and 3.

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3.

Issue notice to the Respondent Nos. 4 and 5, returnable on 16th February 2026.

4.

The learned Counsel for the Petitioners has referred to the decision taken by the Respondent Nos. 2 and 4 dated 16th December 2025 and 3rd January 2026 respectively, wherein deemed date of promotion to the Petitioners had been sanctioned as on 31st January 2011. He has referred to the impugned seniority list dated 9th January 2026 and in particular, Sr.Nos. 81 and 84, wherein the Petitioners' date of appointment to the post of Health Assistant have been shown as 25th August 2014 and 3rd April 2016 respectively. He has submitted that in view of deemed date of promotion having been fixed on 31st January 2011, these dates could not have been mentioned in the impugned seniority list. He has accordingly, sought for ad-interim directions for the Respondents not to take any further steps as per the impugned seniority list dated 9th January 2026 published by Respondent No. 5.

5.

Having considered these submissions, we prima facie find much merit in the submission of the Petitioners. The aforementioned decision taken by Respondent Nos. 2 and 4 reveals 2/3

that the deemed date of promotion of 31st January 2011 has been sanctioned and the impugned seniority list is contrary to the said decision.

6.

Accordingly, till the next date, the Respondents are directed not to take any further steps as per the impugned seniority list dated 9th January 2026 published by Respondent No. 5 -District Health Officer, Pune Zilla Parishad.

7.

Stand over to 16th February 2026.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 3/3