STATE OF MAHARASHTRA Vs. VIJAY GHOGRE & ORS

JUDGEMENT

(1.) By order dated 21 December 2016, in view of difference in our opinions, we had requested the matters be placed before the Hon'ble the Chief Justice for reference to third learned Judge or a larger Bench. The Hon'ble the Chief Justice referred the matter to learned brother Justice M.S.Sonak. Learned brother Justice M.S.Sonak has rendered his opinion on 25 July 2017, partly agreeing with the view of A.A.Sayed, J. In the circumstances, the final operative order is passed in the following terms:

(2.) The Petitions are disposed of in the above terms by virtue of the majority view (A.A.Sayed,J. and M.S.Sonak, J.). Rule to stand disposed of accordingly.

(3.) It is clarified that since GR dated 25 May 2004 is struck down, consequential direction is issued to the State Government to take necessary corrective steps/measures in respect of promotions already granted, within 12 weeks from today, which direction is necessitated in view of the order dated 28 March 2008 of the Supreme Court modifying the interim order of this Court dated 9 March 2007, by which the promotions were made subject to the final decision in the old Writ Petition No.8452 of 2004.