PRAKASH NARAYAN DHOBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The undisputed factors are that the Petitioner, namely Prakash Dhobale passed the professional examination for the post of Junior Engineer in 1975. The Petitioner, namely Krishnakumar Pate passed the professional examination for the post of Junior Engineer and scored first class and stood first in the examination at Jalgaon in October, 1977. When the promotion to the post of Sub-Divisional Engineer was undertaken in 1995, both the Petitioners were above 40 years of age and were less than 45 years. Both the Petitioners applied for the Departmental Examination. On a query raised by an Executive Engineer, it was informed that those who have crossed the age of 40 years, were not required to pass the Departmental Examination. Hence, the Petitioners were further promoted to the post of Executive Engineer, which they held until the passing of the impugned orders.

(3.) In the first Petition, the Petitioner has put forth Prayer Clauses (B), (C), (D) and (E), as under :-