STATE OF MAHARASHTRA Vs. PRATIBHA

JUDGEMENT

(1.) Rule. Heard finally by consent of the parties.

(2.) This petition under Article 226 and 227 of the Constitution has been filed by the Public Health Department, Government of Maharashtra challenging the decision dated 15/4/2010 passed by the Maharashtra Administrative Tribunal (for short "Tribunal") in Transfer Application No.3872/1991 in Writ Petition No.214/1990.

(3.) The respondent no.1 was appointed as Medical Officer -II in the Health Services of the Government of Maharashtra by order dated 10/4/1968. In the year 1974 the respondent no.1 was promoted and brought in the cadre of Medical Officer, Class-I. The respondent got second promotion to the post of Deputy Director of Health Services w.e.f.18/11/1982. The respondent no.2 is holding similar post and in the seniority list published on 22/6/1989 he was shown next below the respondent no.1 whereas one Dr. V.D. Sontakke is senior to respondent nos.1 and 2. The next promotional post is of Joint Director, Health Services. By order dated 23/1/1990 the petitioner promoted both Dr. V.D. Sontakke and Dr. B.M. Dama as Joint Directors of Health Services. Aggrieved by her supersession the respondent no.1 approached this Court by filing writ petition on 24/1/1990 being Writ Petition No.214/1990. This writ petition was transferred to the Maharashtra Administrative Tribunal as Transfer Application No.3872/1991. Learned Tribunal by order dated 15/4/2010 allowed this Transfer Application with following directions.