1 wp2362.02
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2362/2002
Dadarao S/o Jagganath Shende,
aged 46 Yrs., Occu. Service,
R/o Ward No.7, Nalanda Nagar,
Sevagram Nagar, Wardha. ..Petitioner.
..Vs..
1. The Chief Executive Officer,
Zilla Parishad, Wardha.
2. Shri Bhimrao K. Gadge,
Occu. Service, Panchayat Samiti,
Arvi, Taq. Arvi, Distt. Wardha.
3. Additional Commissioner,
Nagpur Division, Nagpur. ..Respondents.
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Shri M.V. Mohokar, Advocate for the petitioner.
Ms. Arti Singh Advocate h/f Shri P.D. Meghe, Advocate for respondent No.1.
Shri A.A. Madiwale, A.G.P. for respondent No.3.
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CORAM : S.C. GUPTE, J.
DATE : 10.8.2017. ORAL JUDGMENT
1. Heard the learned counsel for the parties. Taken up for hearing by consent of counsel.
2. This petition under Article 226 of the Constitution of India concerns promotion of the petitioner to the post of Assistant Accounts Officer. One of ::: Uploaded on - 18/08/2017 ::: Downloaded on - 18/08/2017 23:56:26 ::: 2 wp2362.02 the grievances in the petition is that whereas the petitioner was denied promotion on the ground that he did not complete the mandatory period of service on the post of Junior Accounts Officer held by him, respondent No.2, who was admittedly junior to him, was promoted to the post. When the matter was carried in appeal by the petitioner herein before the Additional Commissioner, Nagpur Division, the Additional Commissioner rejected the petitioner's appeal on the ground that respondent No.2 had completed three years on the post of Junior Accounts Officer held by him and was as such eligible for promotion, whilst the petitioner did not complete three years as on the date of the meeting of the Promotion Committee. In the same order and in the same breath, the Additional Commissioner accepts the fact that in the seniority list for considering promotion, the name of the petitioner was at serial No.27 whereas the name of respondent No.2 was at serial No.32. If this is so, one fails to understand how an officer junior to the petitioner completed three years of service in a particular post, when the petitioner had not. The Additional Commissioner has also observed in the impugned order that the petitioner had not passed the Maharashtra Zilla Parishad Finance and Account Services Class-III Examination despite availing of the prescribed chances and was not, therefore, eligible for promotion to the post of Senior Accounts Officer. In his communication addressed to the Commissioner, Nagpur Division, Chief Executive Officer of Zilla Parishad, however, has stated that the petitioner was not considered eligible for promotion on the ground that as on ::: Uploaded on - 18/08/2017 ::: Downloaded on - 18/08/2017 23:56:26 ::: 3 wp2362.02 the date of meeting of the promotion committee on 7 th October, 1997, the petitioner did not complete three years of service on the post of Junior Accounts Officer (the petitioner is stated to be completing three years on 9 th November, 1997). There is no case that he was ineligible for any other reason including failure to clear Maharashtra Zilla Parishad Finance and Account Services Class-III Examination. Anyway in the light of these facts, the impugned order of the Additional Commissioner deserves to be quashed and set aside and the matter be remanded to him for fresh hearing in accordance with law. Rule is made absolute in the above terms.
3. The petitioner shall produce a copy of this order before the Additional Commissioner, duly authenticated by the Sheristedar of the Court, and the Additional Commissioner shall dispose of his appeal within a period of four months from the date of such production.
JUDGE Tambaskar.
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