SAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Sudame, learned counsel for the petitioner and Mrs. Deshpande, learned Assistant Government Pleader for the respondents / State.

(2.) The petition challenges the refusal of the learned Maharashtra Administrative Tribunal to grant deemed date to the petitioner regarding his employment to Group C cadre by the order dtd. 23/08/2017, which has been rejected by the judgment dtd. 25/04/2022 (page 105). The brief facts giving rise to the petition indicate that the petitioner was appointed to a Group D post with the respondents No.2 and 3, as a Laboratory Assistant, on compassionate basis, by the order dtd. 03/06/2014 (page 39). The petitioner on account of his educational qualifications claimed entitlement to be appointed to Group C post and therefore, had approached the learned Tribunal by O.A. No.305/2015, which came to be partly allowed by the judgment dtd. 31/03/2017 (page 41) and the respondents were directed to consider the petitioner's claim for Class III (Group C) post in view of his representation dtd. 11/7/2014, which appointment was directed to be issued within two months from the date of the order. It was, however, directed that the petitioner would not be entitled to arrears of pay for the upgradation post retrospectively (page 48). The petitioner, thereafter, was appointed in Class III (Group C) by the order dtd. 23/8/2017 (page 49), as a Typist cum Clerk. The petitioner has, therefore, filed O.A. No. 882/2019, claiming deemed date of appointment from 12/6/2014. This O.A. has been dismissed by the impugned judgment dtd. 25/4/2022, resulting into the present petition.

(3.) Mr. Sudame, learned counsel for the petitioner submits that the rejection of the petition by the learned Tribunal is upon in an incorrect proposition of law inasmuch as the same has been rejected on the ground of Order 2 Rule 2 of Code of Civil Procedure (CPC). It cannot be disputed and as is held in G.S. Rathore Vs. Union of India and another 2007(6) Mh.L.J. 313, that the provisions of CPC are limited in its applicability in regards to the matters over which the learned Maharashtra Administrative Tribunal has jurisdiction, as under :