NAMDEO NARAYANRAO BAWANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Sharma, learned counsel for the petitioner, Shri Jichkar, learned AGP for respondent No. 1 and Shri Manohar, learned counsel for respondents 2 & 3. Nobody appears for LRs of respondent No. 4.

(2.) By this petition, the petitioner has sought a declaration that he is senior to Respondent No. 4 (now deceased) and for that purpose his date of recruitment i.e. 20.06.1961 must only be looked into. Secondly, his claim is, he is entitled to promotion as Senior Clerk with effect from 01.01.1985. The third relief is to set aside promotion of Respondent No. 4 as Assistant Superintendent with effect from 12.06.1989 and forth relief sought for is, to promote him with consequential benefits.

(3.) It is not in dispute that the petitioner joined the services under Respondent No. 2 District & Sessions Judge, Bhandara, as English Section Writer on 20.06.1961 and Respondent No. 4 joined as Junior Clerk on 23.06.1961. On 25.09.1961, the petitioner was also promoted as Junior Clerk and on 27.02.1970, after Departmental Enquiry, he was reverted as English Section Writer. After suffering that punishment, he was promoted again as Junior Clerk on 01.05.1973. It is also not in dispute that from 01.04.1984, two cadres viz., cadre of English Section Writers and Junior Clerks were amalgamated together. Though actual implementation as such was done in the year 1986, it has been given effect to from 01.04.1984. The petitioner as also Respondent No. 4 were then both promoted as Senior Clerk on 01.01.1985. On 16.01.1991, Respondent No. 2 issued an order giving deemed date of promotion and in that order Respondent No. 4 was given deemed date as 01.01.1985 while present petitioner was given 15.02.1986 as deemed date of promotion as Senior Clerk. On 12.06.1989, Respondent No. 4 was given further promotion as Assistant Superintendent. The present petitioner also got that promotion vide order dated 23.05.1994 with effect from 13.06.1994. The petitioner took voluntary retirement on 31.07.1997 while Respondent No. 4 retired on superannuation on 31.10.1999. Respondent No. 4 has expired on 13.03.2003.