SYED SHAH MOHAMMED QUADRI, J. - (1.) LEAVE is granted.
(2.) THE order of the Division Bench of the High Court of Judicature at Bombay, Bench at Nagpur, in Writ Petition No. 3216 of 1998 dated 6/04/2000 is brought under challenge by the appellant. By the said order the High Court dismissed the Writ Petition filed by the appellant. The facts giving rise to the petition may be briefly noted to appreciate the grievance of the appellant. On 4/07/1975, the appellant was initially appointed as Clerk by the first respondent and thereafter as Assistant Works Superintendent from direct sector in the month of June, 1979. He passed promotional examination and became eligible for consideration for promotion to the post of Depot Manager 'A'/Assistant Mechanical Engineer in July 1985. On 5/09/1994, he was temporarily promoted as Depot Manager 'A' Junior (M)/Assistant Mechanical Engineer in Class II Junior Grade. On 28/08/1998, he was, however, reverted to his original post of Senior Foreman. He assailed the validity of the said order in the aforementioned writ petition before the High Court. By the impugned order the said writ petition was dismissed. Mr. A.K. Sanghi, the learned counsel appearing for the appellant, contended that as the post of Depot Manager 'A' was not filled up on regular basis the appellant was entitled to continue temporarily on the said post having regard to the terms of his promotion.
(3.) IT may be appropriate to refer to the relevant portion of the terms of the order of promotion of the appellant which reads as under: "General Establishment Order No. 325(SB) of 1994 The following Sr. Foreman/Assistant Works Superintendent are temporarily promoted as Depot Manager (A) Jr. (M)/Assistant Mechanical Engineer in Class II Jr. Grade of Rs. 2200-3700 and on promotion posted to the Regions mentioned against their names in Col. (4) below:- JUDGEMENT_400_JT4_2002Html1.htm 2. The promotion of above AWS/Sr. foreman is on temporary basis and without prejudice to the seniority of others. This order does not confer on them any right of seniority, continuity or preference over others. 3. Further, the promotion of the above AWS/ foreman is effected against the direct sector vacancies and on availability of candidates from direct sector they will be reverted to their original posts. 4. to 6. Sd/- Illegible for Vice Chairman & Managing Director M.S.R.T. Corporation No. ST/EST/SB/1675 Date: 5/09/1994." From a perusal of clause (2) it is evident that the promotion of the appellant was on temporary basis. Clause (3) shows that the promotion was against the direct sector vacancies and on availability of candidates from direct sector he would be reverted to his original post.;