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2026 DAILYLAW 13278 (BOM)

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

WP/15725/2025 · 2026-09-30

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Judgment text

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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; Shivgan 903- WP-15725-2025.DOC 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;” Shivgan 903- WP-15725-2025.DOC 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.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.10.01 12:54:19 +0530