GOPALDAS JANKIRAM DAHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under Articles 226 and 227 of the Constitution, the petitioner has called in question the judgment and order dated 20. 7. 2000 by which Misc. Application No. 563/98, Contempt Petition no. 6/99 and Misc. Application No. 71/2000 filed in Transfer application No. 1046/91 ( Writ petition No. 840/94 as well as O. A. No. 495/97 Misc. Application No. 199/98 and Contempt Petition No. 33/1999, came to be decided by the Maharashtra Administrative tribunal.

(2.) THE cause of this petition has a checkered history and it is, therefore, necessary to deal with the factual matrix in detail for better appreciation of the inter-se disputes challenging the orders passed by the State Government through ofs Home Department, and which were a subject matter of challenge before the Maharashtra Administrative tribunal.

(3.) THE petitioner came to be appointed as Assistant Chemical Analyser in the Forensic Science Laboratory, Mumbai on 7. 6. 1974. The post of assistant Chemical Analyser is a Gazetted post in Class II. The respondent No. 2 had invited applications for filling the post of assistant Director by nomination and accordingly, the petitioner responded to the same. He was selected and appointed to the post of assistant Director by nomination on 3. 2. 1981 under respondent No. 2 and by selection through the Maharashtra Public Service Commission. The petitioner joined the said post at Pune on 9. 2. 1981. As per the terms of the appointment order, the petitioner was put on probation for a period of 2 years from the date of assumption of charge and he was to draw the pay scale of Rs. 1000-60-1500. On 18. 1. 1984, the assistant Secretary in the Home Department, Government of maharashtra, passed an order, extending the petitioners period of probation till the same date i. e. 18. 1. 1984, though the same period had already expired on 8. 2. 1983. On the next day i. e. 19. 1. 1984, the assistant Secretary, Home Department, passed yet another order reverting the petitioner from the post of Assistant Director to the post of Assistant Chemical Analyser. Being aggrieved by both these orders, the petitioner moved this Court in Writ Petition No. 840/1984. While this petition was pending, the petitioner submitted his resignation from the post of Assistant Chemical Analyser on 7. 5. 1987 and he was relieved in response to the same on or about 3. 6. 1987. After establishment of the Maharashtra Administrative Tribunal, under the administrative Tribunals Act, 1985, Writ Petition No. 840/1984 came to be transferred to the said Tribunal ( Bench at Aurangabad) and was re-registered as Transfer Application No. 1046/1991. At the same time, the Govt. of Maharashtra framed the Assistant Director, Deputy director (Biology, Serology, Toxicology, Physics, Ballistics, General analytical and Instrumentation, Prohibition Division and Regional forensic Laboratories) Joint Director and Director, Forensic Science laboratories, Maharashtra State and Chemical Analyser to government, Class I, in the Directorate of Forensic Science laboratories, Maharashtra State (Recruitment) Rules, 1991 ( for short, referred to as "the Recruitment Rules of 1991") and they came to be published in the Govt. Gazette on 16. 1. 1992. As per the said Rules, the respondent no. 2 took steps to fill in the vacant posts of Deputy director and 3 Officers holding the post of Assistant Director, out of 9 officers in the said post considered for promotion came to be promoted to the said post by order dated 30. 9. 1993 and they were shri M. D. Asagekar, Shri S. K. Nandode and Smt. R. Krishnamurthy. The seniority list for the post of Assistant Director as on 1. 4. 1983 was published by the respondent No. 1 and Shri Asagekar was at Sr. No. 9, shri Nandode was at Sr. No. 11 and Smt. R. Krishnamurthy was at Sr. No. 15, while the petitioner was at Sr. No. 14 in the said list. He was thus, senior to Smt. Krishnamurthy. The post of Deputy Director was at the relevant time a Class I post in the pay scale of Rs. 3200-4625. These promotion orders were approved by the Maharashtra Public service Commission vide letter dated 8. 11. 1994.