LAWS(BOM)-2026-3-255

RAMESHWAR MAHADEORAO SURVE Vs. STATE OF MAHARASHTRA

Decided On March 26, 2026
Rameshwar Mahadeorao Surve Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The controversy in this petition lies in a narrow compass i.e. whether in the process of shifting a disabled person to other suitable post/cadre in view of the mandate of Sec. 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 (hereinafter referred to as "the Act of 1995"), seniority of the employees in the said cadre can be disturbed.

(3.) The relevant facts that require mention here are as follows :