PRATAPSINH DAMODAR GOLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner filed Original Application No. 220 of 1995 before the Maharashtra Administrative Tribunal, Bench at Nagpur, challenging the promotion of respondent No. 4-P.B. Sawant and respondent No. 5-V.V. Malkalpatte, to the post of Joint Commissioner of State Excise, Maharashtra State, with effect from 1.2.1991 by notification dated 8-2-1991. The Maharashtra Administrative Tribunal has dismissed the said Original Application by its judgment and order dated 12.3.1998. Hence, the present writ petition challenging the judgment and order passed by the Maharashtra Administrative Tribunal and also claiming a direction to the respondent Nos. 1 and 2 to consider the petitioner for appointment by way of promotion to the post of Joint Commissioner with effect from 1.2.1991 by setting aside the appointments of the respondent Nos. 4 and 5 to the said posts.

(2.) This petition concerns with the appointment to the Super Class I post of Joint Commissioner, State Excise ("the post in question") effected on 1.2.1991, which was denied to the petitioner. Being a Super Class I post, it was required to be filled in by way of selection, strictly on the basis of merit from amongst the candidates working in Class I post of the Superintendent of State Excise, which formed the zone of consideration. The number of candidates to be considered for selection were four times the number of vacancies available and to be filled in. The Class I post of Superintendent, State Excise was at the relevant time in the pay scale of Rs. 2200-4000. Above it, was the post of Divisional Deputy Commissioner, State Excise in the pay scale of Rs. 3200-4625/. The last Super Class I post was that of the Joint Commissioner, State Excise, carrying the pay scale of Rs. 3700-5000.

(3.) It is not in dispute that the first provisional seniority list of the officers working in Class I post of Superintendent was prepared on 13.2.1990 and it was circulated for objections to be submitted on or before 13.3.1990. The respondent Nos. 4 and 5 were at serial Nos. 1 and 2, whereas the petitioner was at serial No. 11 in the said seniority list. The first consideration for promotion to the post of Divisional Deputy Commissioner took place on 1.4.1990 and the petitioner was selected and appointed to the said post on 8.5.1990. The respondent Nos. 4 and 5 were not promoted but continued to work in Class I post of Superintendent. The first consideration for promotion to the Super Class I post of Joint Commissioner took place on 1.2.1991, in which the respondent Nos. 4 and 5 were promoted against the two posts which were created. This was the subject matter of challenge before the Maharashtra Administrative Tribunal by filing the Original Application and also in this petition challenging the dismissal of the Original Application by the Tribunal.