Bombay High Court
Union Of India And Ors vs Surekha Milind Shilotri And Ors on 27 November, 2025
2025:BHC-AS:54281-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7685 OF 2021
Union of India,
Through Ministry of Defence, New Delhi & Ors. .. Petitioners
Vs.
Rekha Pradeep Kulkarni & Ors. .. Respondents
ALONG WITH
WRIT PETITION NO.7688 OF 2021
Union of India,
Through Ministry of Defence, New Delhi & Ors. .. Petitioners
Vs.
Surekha Milind Shilotri & Ors. .. Respondents
Mr. Suresh Kumar, Advocate for the Petitioners in both the Writ
Petitions.
Mr. A.I. Bhatkar, Advocate for the Respondents in both the Writ
Petitions.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 27TH NOVEMBER 2025.
P.C. :
Original Application Nos.702 of 2016 and 616 of 2016 came to be disposed of by an order dated 13 th March 2020 with a direction to the Union of India and its officers to grant financial upgradation/time-bound promotion after twenty-six years of service rendered by the applicants, reckoning their services from the initial date of their engagement as "Telephone Operator Grade- II". Twenty-seven ex-Telephone Supervisors working on a non- gazetted post under Group-B approached the Central Administrative Tribunal, Mumbai Bench (in short "Tribunal") to lay a challenge to the communication dated 5 th May 2011 by which they were declined second time-bound promotion.
2. The Tribunal referred to the order passed by the Ernakulam Bench in Original Application No.755 of 2000 which was affirmed 1/2 908 & 909 - WP-7685-2021 & WP-7688-2021.doc Dixit ::: Uploaded on - 11/12/2025 ::: Downloaded on - 12/12/2025 21:28:36 ::: by the Kerala High Court in Writ Petition (Civil) No.21384 of 2007 (Z). The Tribunal also referred to the several orders passed by the different Benches which are also affirmed by the High Courts. One of such matters arising from Original Application Nos.193 of 2011 to 263 of 2011, 278 of 2011, 386 of 2011 and 408 of 2011 filed at the Mumbai Bench travelled to the Hon'ble Supreme Court in Special Leave Petition (C) No.10226 of 2015. The said Special Leave Petition was dismissed on the ground of delay by an order dated 16th July 2015. The other Special Leave Petitions arising from the orders passed by the Tribunal at Ernakulam Bench and the Benches of Hon'ble High Courts at Allahabad, Punjab and Haryana were disposed of by a common judgment dated 13th August 2024 in Special Leave Petition (C) No.12219 of 2017 titled "Haridas K. v. Union of India & Ors.". In the said order, the Hon'ble Supreme Court held that the government employees were entitled for counting of their services rendered as ad-hoc or casual prior to their regularization. The decision rendered by the Hon'ble Supreme Court on 13th August 2024 with analogous cases shall govern the decision rendered by the Tribunal in Original Application Nos.702 of 2016 and 616 of 2016 which is impugned by the petitioners.
3. In view thereof, both these writ petitions are dismissed with a direction to the petitioners to work out the modalities to grant benefits to the respondents within four months. However, we may indicate that grant of service benefits as indicated in the order dated 13th March 2020 passed by the Tribunal shall be on fulfillment of conditions under the ACP/MACP Schemes.
4. Writ Petition Nos.7685 of 2021 and 7688 of 2021 are dismissed.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally SNEHA signed by SNEHA 2/2 ABHAY ABHAY DIXIT 908 & 909 - WP-7685-2021 & WP-7688-2021.doc Dixit Date:
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