LAWS(BOM)-2025-3-112

ARCHANA SHAILENDRA GAIKWAD Vs. SHYAM SHIVAJIRAI LOHI

Decided On March 18, 2025
Archana Shailendra Gaikwad Appellant
V/S
Shyam Shivajirai Lohi Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the rival parties.

(2.) The subject matter under challenge in both these writ petitions, is the order dtd. 30/07/2024 in Original Application No.600 of 2024 passed by the Maharashtra Administrative Tribunal, Mumbai Bench at Aurangabad (hereinafter referred to as 'the learned Tribunal'). The learned Tribunal under the impugned order has quashed and set aside Government Resolution dtd. 13/06/2024 issued by respondent No.2-State in Writ Petition N.8511 of 2024 under which modification in the posting on promotion given to the petitioner in the same petition i.e. Smt. Archana Shailendra Gaikwad affecting the earlier promotional posting granted to the present respondent No.1 - Shri Shyam Shivajirao Lohi in this petition. It is to be noted that under Writ Petition N.9474 of 2024 the State through Additional Chief Secretary, Home (Transport) Department Mantralaya, Mumbai, has also challenged the same judgment and order passed by the learned Tribunal. Thus, both petitions are for quashing the Government Resolution dtd. 13/06/2024 under which the petitioner - Archana has been posted as a RTO Group-A at Pune, whereas respondent Shyam Lohi is posted at Chandrapur as a RTO Group-A. To avoid ambiguity, the parties are referred to by their names.

(3.) Background facts are as under :