MORESHWAR Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. The petition is heard finally with the consent of the parties.

(2.) BY this petition, the petitioner challenges the order of the Divisional Commissioner - respondent no.2, dated 21.5.2014 rejecting the representation made by the petitioner for grant of deemed date of promotion in the clerical cadre from the date on which his juniors were promoted. The petitioner seeks a direction to the respondent nos.1 to 3 to grant deemed date of promotion to the petitioner on the post of Superintendent from 27.7.2000, on the post of Section Officer from 25.8.2003 and on the post of Assistant Block Development Officer from 2009. Few facts giving rise to the petition are stated thus :

(3.) ACCORDING to the petitioner, the petitioner is not at fault in seeking the switch over from clerical cadre to the accounts cadre. It is stated that the respondent no.3 had permitted the petitioner to switch over from the clerical cadre to the accounts cadre. It is submitted that the petitioner was permitted to work in the accounts cadre for the long period of 13 years, when he was again placed in the clerical cadre on the ground that the State Government had not granted approval to his switching over from the clerical cadre to the accounts cadre, under the switching over option scheme. It is stated that the petitioner is doubly at a loss as the petitioner's seniority from the accounts cadre is not considered due to his placement in the clerical cadre by the order dated 10.4.2008 and the petitioner is not given his due seniority in the clerical cadre, though his junior, respondent no.4 is promoted on the post of Superintendent, Section Officer and Assistant Block Development Officer during the period, the petitioner worked in the accounts cadre. It is submitted that the representation made by the petitioner has been wrongly rejected by the Divisional Commissioner. The petitioner has, therefore, sought a direction to the respondent nos.1 to 3 to grant deemed date of promotion to the petitioner from the date his junior i.e. respondent no.4 was promoted on the post of Superintendent on 27.7.2000, on the post of Section Officer on 25.8.2003 and on the post of Assistant Block Development Officer from 2009.