MADHUSUDAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner seeks directions against the respondent to promote the petitioner as Divisional Accountant/Assistant Accounts Officer with effect from 22-3-1990 i.e. the date of passing of the Maharashtra Zilla Parishad, Finance Accounts Services Examination Class-Ill with all consequential benefits. THE petitioner by way of an amendment also seeks relief of quashing Rule 5 r.w. Appendix XI of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 to the extent it does not provide for promotion/absorption in M.F.& A.S. Services Class III - Grade I other than the incumbents working in M.F. & A.S. Services Class- III -Grade-II.

(2.) BEFORE adverting to the legal submission as is canvassed by the learned counsel Shri A. S. Deshpande, for the petitioner, it will be appropriate to have resume of the facts.

(3.) TO substantiate and buttress his submissions, Shri A. S. Deshpande has relied on the judgment of Division Bench of this Court in case of :- 1) Kazi Moinuddin s/o Kazi Anwaruddin vs. State of Maharashtra & others, reported in 1994(4) Bom.C.R. 496, 2) Md. Ibrahim Md. Vazir & another vs. The State of Maharashtra & others, reported in 2002 (Supp.) Bom.C.R.. 864.