LAWS(BOM)-1992-3-47

STATE OF MAHARASHTRA Vs. ASHA KAMALAKAR SHETE

Decided On March 04, 1992
STATE OF MAHARASHTRA Appellant
V/S
ASHA KAMALAKAR SHETE Respondents

JUDGEMENT

(1.) THE fight between the direct recruits and promotees, relating to their claim as to seniority, has a again been staged before this Court in this Appeal. The many decisions of the Apex Court, as regards different similar services, are the best testimonials of this fight. This Appeal involves Assistants from the Urban Development and Public Health Department. We may straightway say that the contentions raised before us on behalf of both the sides are not entirely new and covered to a large extent by the earlier Division Bench Judgment of this Court and Supreme Court Judgments.

(2.) THE respondents Nos. 1 and 2 herein are the original petitioners. They are the promotee candidates. Respondents Nos. 3 and 4 herein are the respondents Nos. 2 and 3 to the petition who represent the direct recruits. The Appellant - State herein was the respondent No. 1 to the petition. The reference regarding parties hereafter shall be made with reference to the original petition.

(3.) THE petitioners have challenged the final seniority list of the Assistants dated 7th August, 1985 issued by the respondent No. 1. It is in respect of the former Urban Development and Public Health Department of respondent No. 1. On the basis of the said list, provisional seniority list of Superintendents came to be issued by the General Administration Department of respondent No. 1 dated 30th September, 1985. According to the petitioners both these lists are illegal and invalid and required to be quashed, since they did not allot proper seniority to them. According to the petitioners, the final seniority list of Assistants came to be prepared on 15th March, 1980 and the same should have been treated as legal and valid and on that basis the list of Superintendents should have been prepared.