VIJAYENDRA RAJARAO HALLAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONERS herein challenge the common judgment and order dated 4/03/1998 passed by the Maharashtra Administrative Tribunal (for short 'm. A. T. ') in O. A. No. 849 of 1996, O. A. No. 883 of 1996 and O. A. No. 876 of 1996 filed by the respective petitioners in these petitions. The facts giving rise to the petitions briefly stated are as follows :

(2.) THE respondent Mr. A. M. Thatte who is the common private respondent in all the writ petitions and who holds a Bachelor's Degree in Engineering (Electrical) joined Agriculture and Co-operation Department on 16/06/1970 as a Junior Engineer. He was promoted as a Deputy Engineer 3/12/1977 and was further promoted as an Executive Engineer on 23/05/1985. One mr. S. L. Patil who is not party to either of the petitions joined Agriculture and co-operation Department as a Junior Engineer (Electrical) in May, 1971 and after obtaining degree in Electrical Engineering approached this Court by filing a Writ Petition No. 886 of 1988 challenging the promotion of Mr. Hullar. the petitioner in Writ Petition No. 2047 of 1998. The said writ petition was transferred to the Maharashtra Administration Tribunal (For short the M. A. T.) and registered as T. A. No. 519 of 1999. The Division Bench of M. A. T. issued certain directions regarding dates/deemed dates of promotion. In view of these directions of the M. A. T. it was necessary to fix and give the deemed dates of promotion to Mr. Hullar and also Mr. Thatte. Accordingly, by a Government decision dated 10/07/1996 the deemed dates for promotion of Mr. Hullar and Mr. Thatte were refixed. The deemed date of promotion of Mr. Hullar were postponed. The deemed date of promotion of Mr. Thatte was advanced because on account of the postponement of the date of promotion of Mr. Hullar vacancy would have arisen and would have been available for the appointment of Mr. Thatte. Accordingly, for the post of Dy. Engineer instead of actual date of promotion of 13/12/1977. Mr. Thatte was given deemed date of promotion of 1/02/1974. So far as the post of Executive Engineer is concerned, Mr. Thatte was given a deemed date of promotion of 1/04/1982 in place of actual date of promotion of 23/08/1985. It is to be noted that in the year 1981 to 1985, when the respective seniority of Mr. Hallur and mr. Thatte were fixed, there were only two eligible persons in the Agriculture and Co-operation Department. The petitioners in Writ Petition No. 2048 of 1998 and Writ Petition No. 2049 of 1998, at that time, were employed in Public works Department of the Government of Maharashtra. It appears that in the year 1990, Electrical wing of Agriculture and Co-operation Department was merged with that of Public Works Department and accordingly, a common seniority list was prepared. On account of giving advanced deemed date of promotion to Mr. Thatte, he became senior to Mr. Choudhari and Mr. Islor and therefore they felt aggrieved and filed O. A. No. 883 of 1996 and O. A. No. 876 of 1996 before the M. A. T. Mr. Hallur who had also became junior to Mr. Thatte also filed O. A. No. 849 of 1996 before the M. A. T. Since all the three O. As. related to common facts in which Mr. Thatte was a common private respondent, they were heard and decided by the M. A. T. by a common judgment dated 4/05/1998.

(3.) DURING the pendency of the writ petition, Mr. Hallur has retired and therefore Writ Petition No. 2047 of 1998 has become infructuous and is accordingly dismissed. Grievances of the petitioners in Writ Petition Nos. 2048 of 1998 and 2049 of 1998 are as follows :