JITENDRA DAYALDAS FULWANI Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of learned counsel for respective parties matter is taken up for final hearing.

(2.) The petitioner is working as Deputy Executive Engineer with respondent at Bhusawal. The respondent nos. 2 and 3 issued an Advertisement No. 3 of 2011 inviting applications for various posts including the post of Executive Engineer (Transmission). The petitioner pursuant to the said advertisement applied for the post of Executive Engineer (Transmission) and Deputy Executive Engineer (Transmission) in the selection process from open competition category. Four posts of Executive Engineer (Transmission) were available for open competition category. The petitioner was selected for the post of Deputy Executive Engineer (Transmission) and appointment order is issued to him for the post of Deputy Executive Engineer (Transmission). The petitioner claims appointment to the post of Executive Engineer (Transmission).

(3.) Four persons above the petitioner found their place in the selection list. The petitioner was placed at serial no. 1 in the wait list. The select list and the wait list was published on 20.10.2011. Two persons on or about February and May 2012 were promoted, and two posts of Executive Engineer (Transmission) as on 31.03.2012 from open category were vacant. The petitioner made an application to consider him for appointment as he is at serial no. 1 in the wait list. On or about 26.11.2012, the respondents informed the petitioner that the selected candidates are appointed and have joined their duties. There is no scope in operating the wait list. The petitioner pursuant to the present writ petition seeks direction against the respondents authorities to issue appointment order in his favour, thereby appointing him on the post of Executive Engineer (Transmission) as per the Advertisement No. 3 of 2011.