CHIMANRAO MORBAJI PATIL Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY SOCIAL WELFARE CULTURAL AFFAIRS SPORTS AND TOURISM DEPARTMENT MANTRALAYA ANNEXE BOMBAY

JUDGEMENT

(1.) Heard advocate Shri Sambre for the petitioner.

(2.) In this petition filed under article 226 of Constitution of India two challenges are placed before this court. First challenge is to order of reversion dated 24.1.1995 and second challenge is to a subsequent order dated 22.5.1995 by which juniors to petitioner have been promoted as Regional Managers.

(3.) Shri Sambre has invited our attention to seniority list prepared for the cadre of Field Officers/ Assistant Managers in the year 1983 and thereafter in the year 1985 to show that name of petitioner appears at serial no.1 in said list and other persons who are promoted on 22.5.1995 are placed below him. His contention is, if reply of respondent no.2 is perused, it would reveal that promotion is to be given on the basis of seniority-cum-merit and as there is no dispute of seniority of petitioner, he ought to have been promoted. He points out that in said reply respondent no.2 has come up with defence that confidential reports for the year 1989-90 onwards till 1993-94 were not satisfactory and hence he was not found eligible for promotion. He states that this action is nothing but refusal on the part of respondent no.2 to consider the entitlement of petitioner to be promoted.