ANANT VASANTRAO KIRKASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioner is seeking relief to quash and set aside the order dated 24. 2. 1993 issued by the learned District and sessions Judge, Osmanabad by which the petitioner was reverted as Superintendent and posted in the Court of Civil Judge (Senior Division), osmanabad from his post as officiating Registrar, District Court, osmanabad. By the same order Shri D. D. Waghmare, working as supreintendent, District Court, Osmanabad came to be promoted as Registrar (Gaz. II) and posted in District and Sessions Court, Osmanabad, the post which has become vacant on account of posting of petitioner to the post of Superintendent. After the impugned order is served on the petitioner, he made representation to the High Court on 11. 3,1993 which were accordingly rejected. The rejection of the representations came to be communicated to him on 8. 7. 1994. On these backdrop of the facts the petitioner seeks writ of mandamus or any other appropriate writ or direction in the nature of mandamus against the respondent to command them to promote and appoint the petitioner to the post of Registrar, District Court by quashing the impugned order.

(2.) TO appreciate the challenges to the impugned orders/actions it is necessary to state few facts emerging from record. The petitioner joined judicial department as a Junior Clerk in District Court, Osmanabad on 1. 4. 1959. In due course the petitioner passed higher grade departmental examination on 22. 7. 1982. On successful completion of the departmental examination the District and Sessions Judge, osmanabad promoted the petitioner as Senior Clerk from 1. 6. 1983. It is contended by the petitioner that he worked as Senior Clerk with his best of ability and with satisfaction of his superiors. He has not been served with any adverse remarks etc. Inspite of good record it is alleged by the petitioner that the learned District and Sessions Judge without any cause denied the promotion to him to the post of Assistant Superintendent. As one Shri S. M. Dixit, was promoted to Assistant Superintendent, he filed appeal before this Court on Administrative side by challenging the order of promotion of Shri S. M. Dixit, and by order dated 15. 5. 1987 the appeal came to be allowed and consequent thereof, he was promoted and appointed as Assistant Superintendent on 20. 5. 1987.

(3.) IN the meantime, the High Court has upgraded the post of clerk of the Court of District Court and designated it as 'registrar', District Court. Shri Raut A. B. who was working as Superintendent at the relevant time and he was promoted designated to the post of Registrar, District Court. Shri Raut, was promoted to the post of Registrar, ignoring the claim of petitioner so petitioner again made representation pointing out that Shri raut has never appeared for higher grade departmental examination and therefore, appointment of Shri Raut, to the post of initially Superintendent and then Registrar was improper and it cause great injustice to him. He stated that the claim of Shri Raut, should have been rejected but however, representation made by the petitioner against promotion of Shri raut did not receive favourable response.