LAWS(BOM)-2023-7-23

BABASAHEB BHAU KAMBLE Vs. STATE OF MAHARASHTRA

Decided On July 20, 2023
Babasaheb Bhau Kamble Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith with the consent of the parties, Petition is taken up for final hearing.

(2.) This is a competing claim between Petitioner and Respondent No.4 for promotion to the post of Health Executive Officer in Pimpri Chinchwad Municipal Corporation. By order dtd. 12/11/2021, the Respondent-Municipal Corporation has promoted Respondent No.4 on the post of Health Executive Officer, which order is the subject matter of challenge by Petitioner in the present Petition.

(3.) Both Petitioner and Respondent No.4 joined the services of Respondent-Municipal Corporation on the post of Sanitary Inspector. While Petitioner joined the post of Sanitary Inspector on 18/6/1990, Respondent No.4 joined the said post earlier on 22/3/1988. Petitioner belongs to Scheduled Caste category whereas Respondent No.4 belongs to Unreserved category. On account of prior appointment of Respondent No.4 on the post of Sanitary Inspector, the name of Respondent No.4 was placed higher than Petitioner in the seniority list of Sanitary Inspector published on 5/8/2004.