Bombay High Court
SMT. TEJASWINI PRASHANT GAIDOLE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH ADDITIONAL CHIEF SECRETARY, PUBLIC HEALTH DEPT. AND ORS.
- Disposal
- Allowed
Holding
The Court held that the promotion of the petitioners in 2007 was a regular promotion to the post of Sister Tutor and that they are entitled to all consequential service benefits.
Summary
The petitioners, Smt. Tejaswini Prashant Gaidole and others, challenged a 2014 judgment of the Maharashtra Administrative Tribunal that had not recognized their promotion from Staff Nurse to Sister Tutor in May‑June 2007. They sought a declaration that the promotion was regular and that they be granted the consequential service benefits. The High Court, after taking note of a letter dated 18 August 2026 from the Deputy Director, Health Services, Kolhapur, found that the promotion complied with the applicable rules. Relying on the documentary evidence, the Court held that the promotion was indeed regular. Consequently, the Court made the rule absolute, granting the petitioners the relief sought and ordering the respondents to accord the service benefits.
Issues considered
- What is the nature of the promotion effected in May‑June 2007 – was it a regular promotion to the post of Sister Tutor?
- Are the petitioners entitled to the consequential service benefits arising from such a promotion?
Subjects
- promotion
- service benefits
- administrative law
- health services
- Maharashtra Administrative Tribunal
Judgment
902 WP-2206-2019 (C).doc
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2206 OF 2019
Smt. Tejaswini Prashant Gaidole & Ors. …… Petitioner
VERSUS
State of Maharashtra & Ors. …… Respondents
...
Ms. Bhargavi Patil a/w Mr. Neev Patil i/by Adv. Meelan S. Topkar,
Advocates for Petitioner.
Mr. A. I. Patel, Additional Government Pleader a/w Mr. Santosh A.
Jadhav, ‘B’ Panel Counsel, AGP for the Respondent-State.
...
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 19 AUGUST 2026.
P. C. :
1. By the present Petition, the Petitioner is challenging the impugned
Judgment and Order dated 13 October, 2014, passed by the
Maharashtra Administrative Tribunal, Mumbai, in Original Application
No. 1014 of 2013.
2. Rule. By consent of the parties the Petition is taken up for hearing.
3. Learned AGP has tendered a letter dated 18 August, 2026,
addressed by the Deputy Director, Health Services, Kolhapur Division,
Kolhapur, to the Government Pleader, High Court, Circuit Bench at
Shubham 1
902 WP-2206-2019 (C).doc
Kolhapur, along with the relevant annexures thereto. The said letter
dated 18 August, 2026, is taken on record and marked as ‘X’ for
identification.
4. For ease of reference a scan copy of the said letter is reproduced
herein above:
5. Taking into consideration the letter tendered by the learned AGP
along with its annexures, it would suffice the cause, to make the Rule
Shubham 2
902 WP-2206-2019 (C).doc
absolute and allow the prayer made by the Petitioner in Original
Application No. 1014 of 2013.
6. The Petition stands allowed in terms of prayer clause 9(a) of
Original Application No. 1014 of 2013. The said prayer reads as under:
“9. (a) By a suitable order, this Hon’ble Tribunal may be
pleased to hold and declare that the promotion of the
Petitioners effected in May-June 2007 by the Respondents is
a regular promotion in the post of Sister Tutor from the post
of Staff Nurse and accordingly, the Petitioners be granted all
the consequential service benefits.”
7. Rule is made absolute.
8. The Petition stands disposed of in the aforesaid terms.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.08.20
14:03:07
+0530
Shubham 3
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