STATE OF MAHARASHTRA Vs. YESHWANT MARUTI PATIL

JUDGEMENT

(1.) These two writ petitions are at the instance of the State of Maharashtra through its Secretary, Higher and Technical Education Department and the Director, Higher Education, Maharashtra State. The challenge herein is common. The petitioners have challenged the common order dtd. 3/5/2018 passed by the Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal", for short) whereby Original Application Nos.70 and 786 of 2017, instituted by the respondents in these two writ petitions, were allowed with the following order: -

(2.) The respondents in the writ petitions approached the Tribunal with a grievance that the recruitment rules for appointment on the post of Lecturer (Group A), notified by the Higher and Technical Education Department, Government of Maharashtra vide notification dtd. 13/3/2015 takes away their right of promotion and, therefore, should not be acted upon. As can be seen from the operative part of the order of the Tribunal extracted supra, the respondents obtained the relief that they had claimed from the Tribunal. Not only that, the Tribunal proceeded to direct the State of Maharashtra to make suitable amendment in the rules in the light of the observations made in paragraph 12, within the time stipulated by it.

(3.) Appearing in support of the writ petitions, Mr. L. M. Acharya, learned special counsel, has taken serious exception to the order of the Tribunal. According to him, the Tribunal's order is indefensible and ought to be set aside.