LAWS(BOM)-2005-2-39

MUKUND SHRIVASTAVA Vs. CHIEF EXECUTIVE OFFICER MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY BOMBAY

Decided On February 25, 2005
MUKUND SHRIVASTAVA Appellant
V/S
CHIEF EXECUTIVE OFFICER, MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY, BOMBAY Respondents

JUDGEMENT

(1.) The petitioner seeks a writ of Mandamus to set aside the promotion of respondent Nos. 4 to 12 from the post of Junior Engineer to the post of Deputy Engineer in supersession to the petitioner, to direct respondent Nos. 1 to 3 to promote the petitioner to the rank and post of the deputy Engineer on and from July, 1991 and to restrain respondent Nos. 1 to 3 from promoting the petitioner's juniors to the said post of Deputy Engineer.

(2.) Respondent No. 1 is the Maharashtra Housing and Area Development authority, Bombay. Respondent Nos. 2 and 3 are the Chief Officer and Deputy engineer of respondent No. 1 respectively.

(3.) The petitioner, a graduate Engineer, joined the services of respondent no. 1 on 6th April, 1981 as a Junior Engineer on probation of one year. He was posted to the office of the Executive Engineer, redesignated as an Assistant engineer with effect from 6th April, 1981 by an order dated 18th February, 1987 and placed under the appropriate revised pay scale. According to the petitioner though he was re-designated as an Assistant Engineer, he was addressed by the respondent as, junior Engineer. The petitioner was thereafter transferred and posted to the office of the Executive Engineer of the third respondent.