VIJAYNATH PANDITRAO JADHAV Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2008-9-111
HIGH COURT OF BOMBAY
Decided on September 02,2008

VIJAYNATH PANDITRAO JADHAV Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Cited Judgements :-

SHIVAJI TULSIRAM PACHPUTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-5-35] [REFERRED TO]


JUDGEMENT

F. I. Rebello, J. - (1.)Rule.
Heard forthwith.

(2.)Petitioner joined the services of respondent No. 3 as a Junior Accounts Officer by nomination (direct recruitment) w.e.f. 16-5-1997. The petitioner thereafter was promoted to the post of Assistant Accounts Officer by order of 23-10-2003. The order clearly sets out that the petitioner had to pass a departmental examination within two years. Admittedly, the petitioner did not pass the departmental examination within two years from the date of his promotion. The petitioner consequently was reverted to the original post by order of 10-1-2008 with retrospective effect. The petitioner, however, has been again promoted to the said post.
(3.)By this petition what the petitioner prays is that he should be given his promotion from his initial date of promotion i.e. w.e.f. 23-10-2003 as he has passed the departmental examination within four attempts. The reliefs sought in the petition are to quash the order dated 10-1-2008 by a writ of certiorari and also by issuing a writ of mandamus direct the respondents not to change the seniority of the petitioner and to keep the seniority intact in the cadre of Assistant Accounts Officer from the date of his initial promotion i.e. w.e.f. 23-10-2003.


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