DILIP JAGANNATH RATHOD Vs. DIVISIONAL CONTROLEER MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of the learned counsel for the parties, heard finally.

(2.) By this writ petition under Art. 226 of the Constitution of India, the petitioner has challenged the vires of the order dated 18th/19th June, 2015, whereby respondent No. 1 - the Divisional Controller of Maharashtra State Road Transport Corporation (for short, "M.S.R.T.C."), Divisional Office, Aurangabad has demoted the petitioner from the post of Assistant Traffic Inspector to his original post of driver.

(3.) The petitioner belongs to Vimukta Jati - A (for short, "VJA") category. He joined the service with respondent No. 1 as a driver on 16th Nov., 1988. He rendered his services as a driver to the great satisfaction of his superiors. Respondent No. 1 issued a circular on 9th June, 2014, calling for the applications from the eligible traffic controllers/drivers for filling up five posts of Assistant Traffic Inspectors by promotion. Out of the said five posts, one post was reserved for the employees/candidates belonging to VJA category. The petitioner applied for the said promotional post. He came to be selected and appointed on temporary basis to the said post as per the order dated 19th Dec., 2014. He joined the said post on 1st Jan., 2015. He presented an application on 24th July, 2015 before respondent No. 1 claiming for his regularisation to the post of Assistant Traffic Inspector. He did not receive any positive response on that application from respondent No.1. On the contrary, he received the impugned order whereby he was informed that he was appointed to the post of Assistant Traffic Inspector on temporary basis, that the order whereby he was promoted to that post has been cancelled and he has been demoted to his original post of driver. This order, according to the petitioner, infringes his fundamental right under Art. 14 of the Constitution of India. Therefore, it is prayed that it may be set aside and the petitioner may be ordered to be continued to the post of Assistant Traffic Inspector.