SHIVAJI RAMRAO ADMULWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard finally by consent of learned counsel of the parties.

(2.) BY this petition, the petitioner challenges order dated 20th May, 2010, rendered by Additional Divisional Commissioner, Aurangabad, in an appeal preferred by the respondent No.3. By that order, the appeal was allowed and order passed by the Chief Executive Officer, Zilla Parishad, Beed, granting promotion to the petitioner to officiate as Section Officer has been set aside.

(3.) THE respondent No.3 was directly recruited as Senior Assistant w.e.f. 27th June, 2001. The respondent No.3 was eligible for promotion as Office Superintendent. Considering the deemed date granted to the petitioner, the Chief Executive Officer promoted him as Office Superintendent as per order dated 12th October, 2007. The respondent No.3 was promoted as Office Superintendent on 7th October, 2005. Though the petitioner was given functional promotion on 12th October, 2007, yet, a deemed date was granted to him in the promotional post as Office Superintendent w.e.f. 7th October, 2005. Therefore, each of them had staked claim on further promotional post i.e. the post of Section Officer (S.O.) when such post became available. The petitioner was promoted by order dated 1st February, 2008 (Exh-D to the petition) by the office order of the Chief Executive Officer, Zilla Parishad. The respondent No.3 was aggrieved due to such grant of promotion to the petitioner and preferred an appeal to the Divisional Commissioner. The learned Additional Divisional Commissioner heard the parties and came to conclusion that the respondent No.3 was entitled to the promotional post of S.O. (Section Officer) and, therefore, allowed the appeal and directed grant of promotional post to him (respondent No.3). This order is being challenged by way of the present petition.