Bombay High Court
DHANANJAY SADASHIV GAIKWADversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of without merits because the promotion application will be considered by the Departmental Promotion Committee.
Summary
The petitioner, Dhananjay Sadashiv Gaikwad, a superannuated employee, filed a writ petition seeking immediate promotion to the post of Executive Engineer, claiming he had been exonerated in departmental proceedings. He argued urgency because his superannuation date was 31 March 2026. The respondents, including the State of Maharashtra and Pune Municipal Corporation, informed the court that the Departmental Promotion Committee (DPC) was scheduled to hear the promotion application on 30 March 2026. The court accepted this statement and, without examining the merits of the petition, disposed of the writ on the basis that the matter would be considered by the DPC. The parties were allowed to keep their rights and contentions open for any further applications to the DPC.
Issues considered
- Whether the petitioner is entitled to immediate promotion to Executive Engineer through a writ petition despite the pending hearing before the Departmental Promotion Committee
Subjects
- promotion
- departmental proceedings
- writ petition
- superannuation
- Executive Engineer
- High Court of Bombay
Judgment
910-wp-10833-2024.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10833 OF 2024
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.03.27
Dhananjay Sadashiv Gaikwad ...Petitioner
18:44:11
+0530
Versus
The State of Maharashtra Thru the Secretary ...Respondents
and Ors.
----------
Mr. Sachin Kadam, for the Petitioner.
Mr. S.H. Kankal, AGP for the State – Respondent No.1.
Mr. Abhijit P. Kulkarni, with Sweta Shah for Respondent Nos.2 to 4 –
Pune Municipal Corporation.
Mr. Sumant Deshpande with Mr. Aditya Ashturkar for Respondent
No.5.
----------
CORAM : R.I. CHAGLA AND
ADVAIT M. SETHNA, JJ.
DATE : 27TH MARCH, 2026
ORDER :
1. The Petition has been circulated and placed on the
supplementary board today.
2. The learned Counsel appearing for the Petitioner has
expressed urgency in view of the Petitioner being superannuated on
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910-wp-10833-2024.doc
31st March, 2026. He has submitted that he has been exonerated in
the departmental proceedings and has sought for promotion to the
post of Executive Engineer.
3. Mr. Abhijit Kulkarni, the learned Counsel appearing for
the Respondent Nos.2 to 4 – Pune Municipal Corporation states on
instructions that the Departmental Promotion Committee (DPC) is
holding a hearing on 30th March, 2026. The Petitioner’s application
for promotion to the post of Executive Engineer will be considered at
the said hearing. The statement is accepted.
4. In view of the above statement, the Writ Petition is
disposed of.
5. We have not gone into the merits of the present Writ
Petition. The rights and contentions of the parties are kept open
including making any further application to DPC.
[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ]
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