Samiksha, D/o. Ramakant Chandrakar vs State of Maharashtra, Through the Additional Chief Secretary, Revenue & Forest Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 821

RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Samiksha, D/o. Ramakant Chandrakar – Appellant
Versus
State of Maharashtra, Through the Additional Chief Secretary, Revenue & Forest Department – Respondent

Advocates Appeared:
For the Parties :Shri Atul Rajadhyaksha, Senior Advocate a/w Shri Akhilesh Dubey, Shri Uttam Dubey, Shri Amit Dubey, Shri Krishna P. Rodge, Shri Rajuram Kuleriya i/by Law Counsellors, Adv., Shri Akhilesh Dubey, Advocate a/w Shri Jiwan J. Patil, Adv., Shri V.D. Sapkal, Senior Advocate a/w Shri Ujwal S. Patil and Shri Bhalchandra Shinde, Advs., Shri Ajay Deshpande, Shri Swapnil Joshi, Shri Sameer Kurundkar and Shri Sandip Kulkarni, Advs., Shri Ram S. Apte, Senior Advocate, Special Counsel a/w Shri S.K. Tambe, AGP, Shri P.R. Katneshwarkar, Shri Ashutosh Kumbhakoni, Senior Advocate a/w Shri P.P. More, Adv., Shri Shri Sushant Dixit, Advocate a/w Shri Pandurang Gaikwad, Adv., Shri Avinash S. Deshmukh a/w Shri S.G. Joshi, Advs.

Table of Content
1. introduction of case background and parties involved. (Para 1 , 3)
2. petitioners' arguments against the final seniority list. (Para 4 , 5)
3. discussion of legal requirements regarding seniority. (Para 6 , 10 , 16 , 17)
4. judgments addressing seniority and appointment rules. (Para 18 , 25 , 34)
5. key observations regarding promotional irregularities and compliance with rules. (Para 19 , 21)
6. final orders regarding the petitions. (Para 85 , 88 , 108)
7. final conclusions regarding promotions and seniority legitimacy. (Para 110 , 112)

JUDGMENT :

(Ravindra V. Ghuge, J.) :

1. Rule. Rule made returnable forthwith and heard finally, with the consent of the parties.

We are reminded of the words of the Hon’ble Supreme Court in O.P. Singla and another vs. Union of India and others , (1984) 4 SCC 450 :-

“Once again, we are back to the irksome question of inter se seniority between promotees and direct recruits”.

2. In this judgment, for the sake of brevity, the ‘Directly Appointed Deputy Collectors’ would be referred to as ‘DDC’ and the ‘Promotee Deputy Collectors’ would be referred to as ‘PDC’.

3. The two Petitions (Transfer Application Nos.1 and 2 of 2021) were filed by Shivaj