A B VASHI Vs. D G VALA

JUDGEMENT

(1.) THE present appeal is directed against the order dated 11.6.2012 passed by the learned Single Judge of this Court in Special Civil Application No.9512 of 1999; whereby, the learned Single Judge for the reasons recorded in the order has dismissed the petition.

(2.) THE short facts of the case appears to be that the appellant, original petitioner was serving as Senior Clerk in the office of respondent No.1 and as Mr.R.B.Suvarnkar had proceeded on leave, the appellant was posted on the said post by way of a temporary and ad-hoc promotion. Thereafter, on 8.8.1980, the appellant was posted on regular basis and the pay scale was fixed accordingly. As per the appellant taking the date of promotion from 2.2.1980, after considering the requisite length of service, higher pay scale was given but thereafter, the another order was passed, whereby; the effect was given from 8.8.1980 and the appellant was put in the pay scale consequently by lowering down to that extent. Under the circumstances, the appellant preferred the petition for the appropriate writ to quash and set aside the action of the respondent in considering the date of seniority from 8.8.1980 instead of 2.2.1980 and it was also prayed that pay scale be fixed accordingly. The learned Single Judge found that the regular promotion of the appellant was from 8.8.1980 and not from 2.2.1980 and therefore ultimately, dismissed the petition. Under the circumstances, the present appeal before the Division Bench of this Court.

(3.) IT appears that the only question to be considered in the present appeal is as to whether the regular promotion to the appellant for the post in question could be said to have been granted from 2.2.1980 or 8.8.1980. The appointment order is produced by the appellant at page No.15, Annexure-A of the compilation of the special civil application. In the said order, it has been expressly mentioned that since Mr.R.B.Suvarnkar had proceeded on leave, the appellant was working as Junior Clerk is given promotion on temporary basis on leave vacancy. Not only that but it is also mentioned that upon resumption of the office by the person who has proceeded on leave i.e.Mr.R.B.Suvarnkar, appellant shall be reverted to the post of Junior Clerk. This, in our view, shows that neither there was regular promotion nor there was vacancy available for the post of senior clerk since such post was already held by Mr.R.B.Suvarnkar. It is only on 8.8.1980, upon the available vacancy, the appellant has been considered on the post of Senior Clerk and has been put in the regular pay scale accordingly.