LAWS(INDC)-2001-9-10

SHRI ANANDKUMAR SHAMRAO THORAT Vs. THE MEMBER SECRETARY, MAHARASHTRA WATER SUPPLY AND SEWERAGE BOARD AND SUPERINTENDING ENGINEER, ENVIRONMENTAL ENGINEERING

Decided On September 17, 2001
Shri Anandkumar Shamrao Thorat Appellant
V/S
The Member Secretary, Maharashtra Water Supply and Sewerage Board and Superintending Engineer, Environmental Engineering Respondents

JUDGEMENT

(1.) THIS is a Complaint under section 28(1) read with items 35 and 9 of Sch. IV of the M.R.T.U. and P.U.L.P. Act, 1971. Admittedly, the Complainant started working as a Jr. Engineer from 30th April 1979 under the Maharashtra Water Supply and Sewerage Board. He was then promoted as sectional Engineer in the year 1986. He was then transferred to Sangli Division in August, 1989. He then started working under Respondent No. 2 who is Superintending Engineer of Sangli Division.

(2.) IT is case of the Complainant that Respondents 1 and 2 published a seniority list of Jr. Engineers in the year 1989, wherein, his name was shown at Sr. No. 42. It was shown in the column No. 10 of the list that he has not passed departmental examination. In fact, he passed departmental examination in the year 1985. He then made an application on 8th July 1991 informing that he has passed requisite departmental examination in the year 1985.

(3.) IT is alleged by the Complainant that he belongs to schedule caste and there are many Government Resolutions directing to promote employees belonging to schedule caste. But the Selection Committee arbitrarily and vindictively refused his legitimate right of being promoted. In fact, his past service record is clean and unblemished.