DHAMALE ISHWAR DASHRATHRAO AND ORSversusTHE STATE OF MAHARASHTRA THR THE PRIN. SEC. URBAN DEV. AND ANR

                                                                        903- WP-15725-2025.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 15725 OF 2025


Dhamale Ishwar Dashrathrao and Ors                                   ...Petitioners
      Versus
The State of Maharashtra
Thr The Prin. Sec. Urban Dev. and Anr.                               ...Respondents
                                   _______

Mr. Dhannawat Anup, with Vedant Pange, Samiksha Gawde, for Petitioners.
Mr K B Dighe, Addl GP, wth P N Diwan, AGP, for Respondent-State.
Mr Abhijit P Kulkarni, with Abhishek Roy, Shreyas R Zarkar,                for Respondent
Nos.2 to 4.
                                          _______

                                       CORAM:         G. S. KULKARNI &
                                                      DR. NEELA GOKHALE, JJ.

                                       DATE:          30 SEPTEMBER 2026

P.C.

1.        We have heard learned counsel for the parties.


2.        This Writ Petition under Article 226 of the Constitution of India is filed

praying for the following substantive reliefs:-


               “a That in exercise of its jurisdiction under Article 226 of the
               Constitution of India this Hon'ble Court may be pleased to issue a
               writ of mandamus or a writ in the nature of mandamus or any other
               appropriate writ, direction or order directing all the Respondents to
               forthwith and in any case within two weeks hereof, issue Order that
               gross violation on the part of Respondents is done;




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          b That in exercise of its jurisdiction under Article 226 of the
          Constitution of India this Hon'ble Court may be pleased to issue a
          writ of mandamus or a writ in the nature of mandamus or any other
          appropriate writ, direction or order directing all the Respondents to
          grant the Petitioners Promotions from the post of Junior Engineer
          (Civil) to Section Engineer (Civil) and to Deputy Engineer (Civil)
          from the deemed eligible date of promotion from their respective
          dates of eligibility, i.e., 2021 and on next eligible date consequently
          fix their seniority, from the date promotion within a period of four
          weeks;

          c To issue a Writ of Mandamus or any other appropriate Writ,
          directing the Respondent Corporation to forthwith to schedule the
          Departmental Promotion Committee (DPC) for 2021-22 eligible
          candidates;

          d To direct the Respondents to grant the Petitioners all consequential
          benefits, including notional seniority from the deemed dates of
          promotion and monetary arrears flowing from such deemed
          promotions;

          e Pending the hearing and final disposal of the present Petition, to
          direct the Respondent Corporation to not proceed to hold the
          meeting of the new Departmental Promotion Committee for the
          grant of promotions till the next promotional post without
          considering the Petitioners from their due deemed dates of eligibility,
          as claimed herein;

          f To award the costs of this Writ Petition to the Petitioners and for or
          such other and further orders as Justice and convenience may demand
          from time to time be passed in favour of the Petitioners by this
          Hon'ble Court;”




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3.         We had heard the proceedings yesterday, when we had expressed grave

doubt as to whether such reliefs at all could be granted. We had accordingly

adjourned the proceedings for today.


4.         Learned counsel for the Petitioners has taken instructions. He submits that

the Petitioners are ready and willing to make representations about their grievances

to the Designated Officer of the Respondent No.2-Pune Municipal Corporation. If

that be so, we are inclined to dispose of this Writ Petition by permitting the

Petitioners to make representations on all the issues that are raised in the Writ

Petition. Let the representations, if any, be made within two weeks from today and

if the same are made, the Petitioners be granted an opportunity of hearing and the

same be decided in accordance with law within a period of four weeks thereafter.


5.         All contentions of the parties are expressly kept open.


6.         Disposed of in the aforesaid terms. No costs.




(DR. NEELA GOKHALE, J.)                                    (G. S. KULKARNI, J.)


          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.10.01
          12:54:19
          +0530




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