GOPAL RAMCHANDRA POTDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two writ petitions are filed by the petitioner Gopal Ramchandra Potdar and they are being disposed of by this common judgment. Few facts which are germane to both these petitions are as under :

(2.) THE petitioner joined as a clerk in the Collector of Raigad at Uran, District Raigad, in the year 1961. In the year 1962 he was provisionally confirmed in the said post. In the year 1963 the petitioner was transferred to the Office of the Divisional Commissioner, Bombay Division, Bombay, and was posted as a Clerk-cum-Typist on some administrative grounds. In the year 1975 the petitioner was transferred to Pen in Raigad District on administrative grounds as Tagai Aval Karkoon which is a post higher than the post of clerk. It appears that on 13th of July, 1981, respondent No. 2 reverted the petitioner as a clerk in the Office of the Special Land Acquisition Officer (VII ). Against the said order of reversion the petitioner made a representation to the Revenue Authorities, but the same was turned down by the Joint District Collector Bombay Suburban District, vide his order dated 31st of July, 1981. The petitioner therefore, challenged the aforesaid order by filing a writ petition on the Original Side of this Court being Writ Petition No. 1297 of 1981. The said petition came up for admission on 7th December, 1981, and this Court granted interim injunction against respondent No. 2 directing him to continue the petitioner as Aval Karkun retrospectively in his office at Bombay with full pay and allowances attached to the said post. However, it was observed that in the said petition though the petitioner submitted that his junior was promoted earlier as Aval Karkun contrary to the rules, still the petitioner failed to seek relief in that connection and, therefore, on 30th of September, 1983, the Court allowed the petitioner to withdraw the said petition and liberty was given to him to file a fresh petition, if advised.

(3.) AFTER the withdrawal of the aforesaid writ petition, the petitioner filed Writ Petition No. 3971 of 1983 on the Appellate Side of this Court challenging the validity and propriety of upgradation list of clerks prepared in the year 1982. In the said petition the petitioner also challenged the order of his reversion to the post of clerk from Aval Karkun. The petitioner further prayed that respondent Nos. 2 to 4 be directed to fix the pay of the petitioner as Aval Karkun with effect from the year 1968 as also the allowances and personal pay and pay him the arrears forth-with. The said writ petition was admitted on 21st of December, 1983, and this Court granted interim relief in terms of prayer Clause (e) of the said petition, whereby the said reversion order dated 7th of October, 1983, passed by respondent No. 2 and the consequential order dated 12th of October, 1983, were stayed.