Ambrish Kashinath Bhusane And ANR v. The State Of Maharashtra Through The Secretary And ANR

2026:BHC-AUG:22925-DB {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 5741 OF 2026 Ambrish Kashinath Bhusane And Another

VERSUS

The State Of Maharashtra Through The Secretary And Another ...

Mr. Syed Moisali Amjedali, Advocate for the Petitioners Mr. S.K. Tambe, AGP for State .......

CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ.

DATE : 10th JUNE, 2026 PER COURT :

1.

This petition seeks implementation of the order dated 30.10.2023 passed by Maharashtra Administrative Tribunal, Aurangabad (for short "the Tribunal") in Original Application No. 677 of 2022.

2.

The petitioners are serving as Reserve Police Inspectors in the category of District Armed Police Force. They claimed to be eligible for promotion to the post of Deputy Superintendent of Police, which is equivalent to Assistant Commandant in SRPF. By order dated 30.10.2023, the Tribunal allowed the original application as follows: "(i) The applicants are held entitled for to be promoted the post of Dy. Superintendent of Police. The respondents shall pass the orders of their promotion, if otherwise found suitable subject to availability of the

{2} vacancies.

(ii) Insofar as applicant No. 1 is concerned, since he is retiring tomorrow i.e. on 31.10.2023, the respondents shall endeavor for expedite process insofar as his promotion is concerned.

(iii) The respondent No. 1 shall take conscious decision on the proposal dated 28.09.2021 within a period of 4 months from the date of this order. (iv) There shall be no order as to cost."

3.

Since this order was not implemented, petitioners filed Contempt Petition No. 68 of 2024. Said contempt petition is disposed of by the Tribunal by order dated 03.02.2026. The Tribunal has observed in the impugned order that respondents have made efforts to comply with the order passed by the Tribunal at Aurangabad by issuing letter dated 12.02.2024 and the applicants in Original Application No. 261 of 2024, who were not before the Tribunal while disposing of Original Application No. 677 of 2022 have approached the Principal Seat of the Tribunal at Mumbai and the Principal Seat has passed interim order dated 07.03.2024 directing the respondents therein to follow the Recruitment Rules and Rules of 28th April, 1967. 4.

In this view of the matter, the Tribunal was of the view that there is no willful disobedience on the part of respondents in implementing its order.

{3} 5.

We do not find any illegality or perversity in the view taken by the Tribunal. By this petition the petitioners are seeking execution of the order passed by the Tribunal, which is not permissible. We, therefore, refuse to exercise our extra ordinary writ jurisdiction. Writ petition being devoid of merit is dismissed.

6.

Petitioners may approach appropriate forum after disposal of Original Application No. 261 of 2024 pending before the Principal Seat of the Tribunal at Mumbai.

(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde