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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M. SETHNA, JJ.
Bipin Vasant Shinde – Appellant
Versus
Pune Municipal Corporation through Municipal Commissioner – Respondent
Writ Petition No. 17202 of 2025
Decided On : 03-02-2026
| Table of Content |
|---|
| 1. writ challenges dpc order denying promotion. (Para 1 , 2 , 3 , 4) |
| 2. parties' initial je appointments and promotions. (Para 6 , 7 , 8 , 9 , 10 , 17) |
| 3. 2004 gr struck down; slp pending. (Para 11 , 12 , 13 , 14 , 15) |
| 4. 2014 rules and grs govern seniority. (Para 16 , 18 , 19 , 20) |
| 5. 2024 list seniors petitioners; dpc ignores. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. feeder cadre seniority per 2014 rules prevails. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. initial joining date rectifies past errors. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67) |
| 8. entry date over qualification for seniority. (Para 68 , 69 , 70 , 71) |
| 9. seniority-cum-merit from feeder cadre mandatory. (Para 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80) |
| 10. gr 2021 limited to reserved categories. (Para 81 , 82 , 83 , 84) |
| 11. dpc order non-speaking; govt letters not binding. (Para 86 , 87 , 88 , 89 , 90) |
| 12. final lists not disturbed without challenge. (Para 91 , 92 , 93 , 94 , 95) |
| 13. quash dpc; implement 2024 seniority list. (Para 96 , 97 , 98) |
JUDGMENT :
ADVAIT M. SETHNA, J.
Prologue :-
1. This is a Petition filed under Article 226 of the Constitution of India seeking for the following substantive reliefs:-
“[A] That this Hon’ble Court be pleased to issue writ mandamus or writ in the nature of mandamus or any other writ or direction thereby be pleased to quash and set aside the Impugned Order passed by the Respondent no. 2, Departmental Promotion Committee (DPC) of the Respondent - Corporation for the post of Superintending Engineer dated 11.12.2025 (EXHIBIT- O) and be pleased to direct not to make any promotion on the post of Superintending Engineer.
[B] That this Hon'ble Court be pleased to issue writ mandamus or writ in the nature of mandamus or any other writ or direction thereby be pleased to quash and set aside the entire the promotion process conducted by the Respondent no. 1 and 2 for the post of the Superintending Engineer of the Respondent - Corporation and all the decisions taken by the Respondent Corporation in the promotion process conducted by the Respondent no. 1 and 2 for the post of the Superintending Engineer.
[C] That this Hon’ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction and order direct the Respondents to call for the confidential report of the Petitioner herein and to consider the case of the Petitioner for promotion to the post of Superintending Engineer of the Pune Municipal Corporation and not to exclude the case of the Petitioner from being considered for the promotion to the post of Superintending Engineer for the current year 2025-2026.
[D] That this Hon'ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction and order thereby declared that the alleged selection list of Executive Engineers of the Respondent Corporation is non est and illegal and thereby quashing and setting aside the alleged unpublished probable selection list and the General Body Resolution No.206 dated 19.09.2025 passed thereby the alleged selection list was prepared by the Respondent No.1 for promotion to the post of Superintending Engineer (EXHIBIT- S).”
2. Rule. With the consent of parties the Rule is made returnable forthwith.
3. This is another contest in service jurisprudence where we are called upon to adjudicate the validity and legality of the promotion process, culminating in issuance of a final seniority list. The Respondent Nos.1 and 2 have sought to refrain from giving effect to the same, on account of compelling reasons/circumstances. The proceedings revolve around promotions of the Petitioners who are working with the Pune Municipal Corporation i.e. Respondent No.1 to the post of Superintending Engineer (Civil).
4. The Petitioners are primarily aggrieved by the order dated 11 December 2025, passed
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The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
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(1) There is one cadre of Junior Engineers in Minor Irrigation Department and there has to be one seniority list of Junior Engineers. It is seniority list of cadre of Junior Engineers which would be ....
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