MANIK KISANRAO DONGRE Vs. MANAGING DIRECTOR MAHATMA FULEY BACKWARD CLASS DEVELOPMENT CORPORATION MUMBAI

JUDGEMENT

(1.) Heard Mrs. Deshpande for petitioner, advocate Marathe for respondent no.1, advocate Rahul Dhande for respondent no.3 & 4 and learned A.G.P. Shri Sonak for respondent no.2. Nobody appears for respondent no.5.

(2.) Short grievance of advocate Deshpande is though three petitioners before this court are senior to respondent no.3, 4 & 5, while effecting promotion to the cadre of Manager, on the strength of seniority-cum-merit, their entitlement has not been considered. Respondents no.3 to 5 who are juniors have been given said promotions. She therefore relies upon judgment of the Apex Court [S.D. Raghunandan Singh ..vs.. State of Karnataka and others, 1994 AIR(SC) 1693] to claim deemed date of promotion as all petitioners and respondents had by now retired on superannuation.

(3.) Advocate Marathe and advocate Dhande are supporting the impugned action. Advocate Marathe relies upon reply - affidavit filed on record to show how respondents are found entitled to promotion. Shri Dhande states that respondents no.3 & 4 made representations for promotion and considering their representations and entitlement, they have been promoted. He fairly states that he is not aware as to why petitioners have not been promoted. Learned Assistant Government Pleader is supporting argument of respondents.