STATE OF MAHARASHTRA Vs. LAYAKMIYA BADEMIYA SAIKH

JUDGEMENT

(1.) Rule. By consent of the parties heard forthwith.

(2.) The petitioner State, has moved this Court aggrieved by the order passed by the Maharashtra Administrative Tribunal (MAT) dated 22nd December, 2006 in Original Application No. 828 of 2005. The respondent No. 1 was the original applicant and respondent Nos. 2 to 9 here were the original respondents Nos. 4 to 11 before the learned Administrative Tribunal. In the Original Application the respondent No. 1 had prayed for setting aside the order dated 4th July, 2005. By that order the State Government decided to fix the seniority of women police inspectors. The further reliefs sought was by way of a mandatory direction to restrain the respondent Nos. 1 to 3 from issuing any promotion orders on the basis of the seniority positions emerging from the grant of deemed dates as per the order dated 4th July, 2005. Various other reliefs were also sought which need not be set out. Respondent No. 1 was selected as Police Sub Inspector on 1st July, 1977 and thereafter sent for training to the Police Training Centre. The respondent no. 1 completed his training on 31st July, 1979. Like the respondent No. 1 there were also several other Police Sub Inspectors who were sent for training pursuant to the said recruitment. The respondent Nos. 2 to 9 had been recruited and had been sent for training by order dated 25th September, 1978. On completion of their training they were appointed as Police Sub Inspectors, but in the separate cadre of Women Police Sub Inspectors. The grievance of the respondent No. 1 arose on account of the merger of the Women's cadre and the men's cadre, by Government Resolution of 18th July, 1998. While passing that order it was set out that a decision had been taken to give equal status to women police officers, similar to men police officers by assigning them equal work and duty as well as equal responsibilities and to give posting similar to men police officers. The common cadre was to constitute both, women and men police officers, by giving parity to women in the State Police Force on the basis of seniority-cum-merit analogous to men personnel/officers.

(3.) By its impugned order, the learned Tribunal after considering the various contentions as urged on behalf of the parties was pleased to allow the original Application and issued the following directions :