MALOJIRAO B. BHOSALE Vs. THE STATE OF MAHARASHTRA AND ORS.
LAWS(BOM)-2016-8-50
HIGH COURT OF BOMBAY
Decided on August 08,2016

Malojirao B. Bhosale Appellant
VERSUS
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

M.S.SONAK, J. - (1.) The challenge in this petition is mainly to the judgment and order dated 1 October 2004 made by the Maharashtra Administrative Tribunal (MAT), Mumbai in Original Application No. 44 of 2004, to the extent the relief of promotion with effect from 1994 came to be denied to the petitioner.
(2.) Mr. Sandeep Marne, learned counsel for the petitioner, submitted that the impugned judgment and order has in fact accepted the contention of the petitioner that the petitioner was unjustifiably by -passed in the matter of consideration for promotion to the post of Deputy Draftsman -cum -Deputy Secretary on the sole basis that the petitioner was on deputation in some other department. Mr. Marne submitted that once this contention came to be accepted, the petitioner was entitled for promotion to the said post with effect from 1994, since, some persons junior to the petitioner were promoted in the year 1994. Mr. Marne submitted that in pursuance of directions in the impugned judgment and order, the petitioner was ultimately considered for promotion with effect from 2004. However, the petitioner was found not to be fit for promotion. Mr. Marne has submitted that in case the petitioner were to be considered for promotion with effect from 1994, which was due date, then, the petitioner's confidential report for years prior to 1994 would have been taken into consideration and the petitioner would have surely been found fit for promotion. Therefore, Mr. Marne submitted that non - consideration of the case of the petitioner for promotion with effect from 1994 constitutes an error apparent on the face of record.
(3.) We have considered the submissions of Mr. Marne. We have also perused the record as also the impugned judgment and order. We are, however, satisfied that the petitioner has failed to make out any case warranting interference with the impugned judgment and order under Articles 226 and 227 of the Constitution of India.;


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