VIVEK GANGADHAR DAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this matter, Rule was issued on 12th January, 1998.

(2.) Petitioner, Range Forest Officer ("RFO" in brief) with Forest Development Corporation of Maharashtra Ltd. ("F.D.C.M." in brief), is aggrieved with the promotional order dated 26th November, 1997 issued by Respondent No.2 F.D.C.M. in favour of Respondent Nos. 5 to 10 who are junior to him (Respondent No.7 expired during pendency of the Petition and matter abated as regards the said Respondent). Petitioner claims that he should have been promoted in preference to Respondent Nos. 5 to 10 on the basis of seniority.

(3.) It is the case of the Petitioner that F.D.C.M. is a Government of Maharashtra Undertaking. Respondent Nos. 5 to 10 are employees of Respondent No.2 F.D.C.M. who are juniors having been recruited after recruitment of the Petitioner. According to him, by a common training programme for Range Forest Officers by direct recruitment held by Forest Department and F.D.C.M., there was selection and after successful training some candidates got posted to Forest Department while some got posted to F.D.C.M. Petitioner was posted to F.D.C.M. in 197678. Up till 1988 there were no rules framed by F.D.C.M. for departmental/promotional examination of RFO's.