Bombay High Court
State Of Maharashtra & 3 Others vs Deorao Manikrao Malve on 19 August, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.3568/2004
...
1. The State of Maharashtra,
through its Secretary,
Irrigation & Power Department,
Mantralaya, Mumbai -32.
2. The Superintending Engineer,
Upper Wardha Project Circle,
Shivaji, Amravati.
3. The Superintending Engineer,
Nagpur Irrigation Project Circle,
Irrigation Department,
Sinchan Sewa Bhavan, Nagpur.
4. The Superintending Engineer,
Akola Irrigation Circle (Zone),
B & C Compound Area, Akola. .. PETITIONERS
.. Versus ..
Deorao Manikrao Malve,
Aged about 60 years,
Occupation: Retired,
R/o C/o G.M. Malve,
Plot No.193, Omnagar,
Sakkardara, Nagpur. .. RESPONDENT
Mr. M.K. Pathan, AGP for Petitioners.
Mr. G.N. Khanzode, Advocate for Respondent.
....
CORAM : B.R. Gavai & V.M. Deshpande, JJ.
DATED : August 19, 2016.
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ORAL JUDGMENT (per B.R. Gavai, J. )
1. The petitioner has moved Civil Application No.1807 of
2016 for early hearing. The application is allowed. The petition is
taken up for hearing forthwith.
2. The petition challenges the order passed by the learned
Maharashtra Administrative Tribunal in Original Application No.
1081/1994 thereby partly allowing the original application filed by
the respondent.
3. The respondent had approached the learned Tribunal
vide Original Application No. 1081 of 1994 contending that since he
had passed the examination of Sub-Overseer on 3.8.1974, he
should have been promoted as Sub-Overseer from that date. It
was further contended that the promotion granted to the applicant
as Sub-Overseer with effect from 1.8.1979 was not legal and he
should have been granted the said promotion from 3.8.1974. It
was further the contention of the original applicant that he had
appeared for the professional examination for Junior Engineer held
during October, 1983 and he was declared successful vide
communication dated 27.02.1984. It was, therefore, contended
that the original applicant was entitled to be promoted as Junior
Engineer with effect from 15.2.1986. It was also contended by the
original applicant that the juniors to him in the cadre of the Sub-
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Overseers were promoted as Junior Engineers prior to him,
therefore, he was entitled to the promotion of Junior Engineer with
retrospective effect.
4. The learned Tribunal partly allowed the original
application and held that the applicant was entitled to be absorbed
on the post of Sub-Overseer from 3.8.1974. Insofar as the rest of
the reliefs are concerned, the learned Tribunal granted liberty to
the original applicant to make representation to the authorities
within the specified period.
5. Mr. Pathan, learned AGP appearing on behalf of the State
submitted that the learned Tribunal has grossly erred in partly
allowing the original application. It is submitted that at the relevant
time there were vacancies available and as such the order passed
by the learned Tribunal giving retrospective effect is not
sustainable in law.
6. Mr. Khanzode, the learned counsel appearing on behalf
of the petitioner-original applicant submitted that no interference is
warranted with the sound reasonings given by the learned Tribunal.
7. The perusal of the record would reveal that it is an
admitted position that the respondent had passed the examination
of Sub-Overseer on 3.8.1974. The learned Tribunal has further
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found that as per the provisions of the relevant Government
Resolution, the learned Tribunal upon perusal of the relevant
Government Resolution came to the conclusion that it was not the
case of the State that the respondent was considered for promotion
by the Departmental Promotion Committee and was not found to
be suitable. The learned Tribunal further found that the G.R. dated
19.12.1963 provides absorption of the Technical Assistants/Work
Inspectors as Sub-Overseers after qualifying the departmental
examination meant for Sub-Overseers. As such no fault could be
found with the finding of the learned Tribunal that the original
applicant was entitled to be absorbed in the cadre of Sub-Overseer
with effect from 3.8.1974 i.e. the date on which the original
applicant was found to be qualified in the qualifying examination.
8. In that view of the matter, no error could be found with
the approach adopted by the learned Tribunal. The petition is
found to be without merit. The same is, therefore, rejected. Rule is
discharged.
9. Since there was no interim order operating in the present
writ petition, the order passed by the learned Tribunal ought to
have been complied with by the State. However, it is submitted in
the application which was filed in the present writ petition for early
hearing that the dues to which the respondent was entitled are not
paid to him. We, therefore, direct the State to give effect to the
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judgment and order passed by the learned Tribunal If not already
given along with the interest @ 6 % P.A., within a period of three
months from today. It is made clear that all arrears to which the
respondent is entitled as per the judgment and order passed by the
learned Tribunal shall be paid to the respondent-employee within a
period of three months in any case.
(V.M. Deshpande, J. ) ig (B.R. Gavai, J.)
...
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Certificate
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original signed Judgment.
Uploaded by : R.G. Halwai, Uploaded on : 23.08.2016
