THE STATE OF MAHARASHTRA Vs. SHRI. ASHOK LAXMAN SAWANT & ORS.
HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA
Ashok Laxman Sawant And Ors.
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Anoop V. Mohta, J. -
(1.) Rule. Rule made returnable forthwith.
(2.) All these matters heard together finally, as the issues based upon the facts and circumstances and so also the prayers are similar in nature, therefore, this common Judgment.
(3.) The State Government in Writ Petition No. 4078 of 2015 has challenged the common Judgment and order passed by the Maharashtra Administrative Tribunal (for short, Tribunal) dated 9 July 2014, whereby, Original Application Nos. 767 of 2013 and 284 of 2014 filed by the Respondents (Original Applicants) have been allowed. The challenge is also made to Judgment and Order dated 21 August 2014 passed in Review Applications No. 21 of 2014 and 24 of 2014. The operative part of the common order is as under:-
11. Having regard to the aforesaid facts and circumstances, Rule 3(a) as amended by order dated 29.6.2013 is quashed as being arbitrary and against the principles of equality enshrined in Articles 14 and 16 of the Constitution of India. As a result, the appointment to the post of PSI from 25% quota for promotion can be made as per unamended Rule 3(a). However, promotion should be made only from the post of ASI and not from the post of Havaldar. It is also held that the Departmental Qualifying Examination is just that i.e. Qualifying Examination. Any Police personnel from the level of Police Constable to ASI may appear for the same and once qualified would be eligible for being considered for promotion on acquiring necessary seniority after promotion to intermediate posts. Original Application is accordingly disposed of with no order as to costs.
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