LAWS(BOM)-2004-9-174

ASHOK KASHINATH PATIL Vs. MAHARASHTRA STATE ELECTRICITY BOARD

Decided On September 24, 2004
ASHOK, KASHINATH PATIL Appellant
V/S
MAHARASHTRA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the respondents.

(2.) IN the present petition, the petitioner is seeking direction to the respondents no. 1 and 2 to promote the petitioner to the post of Executive Engineer with effect from 3/2/1988 and grant deemed date of promotion in the said category with effect from 3/2/1988 with all consequential benefits. Similarly, in prayer clause 2 of the petition, the Petitioner is praying for quashing and setting aside the order of promotion dated 18-5-1992, whereby the Respondents No. 3 and 4 who were juniors to the Petitioner were promoted to the post of Executive Engineer.

(3.) THE Counsel for the Petitioner states that the Petitioner was appointed as chargeman Grade II on 15/2/1979. In the year, 1983, the advertisement was published by the department for filling up the posts of Assistant engineers. Pursuant to the said advertisement, the Petitioner applied for the said post and was selected by the duly constituted Selection committee and was appointed as Assistant engineer. On 25/3/1985, the Petitioner was promoted to the post of Dy. Executive engineer. It is submitted that in the year 1988, the Petitioner was qualified and eligible to be promoted to the post of Executive Engineer. However, the claim of the Petitioner was wrongly denied for the promotional post and some junior Dy. Executive Engineers were promoted to the post of Executive Engineer giving go-bye to the claim of the Petitioner for the said promotional post. It is submitted that the Petitioner made representation against the order of promotion whereby the juniors of the Petitioners were promoted to the post of executive Engineer. However, the respondent Board has not considered any of the representations made by the Petitioner in this regard.