Citation : 2017 Latest Caselaw 5389 Bom
Judgement Date : 1 August, 2017
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6682 OF 2015
Shri Pratap Gopalrao Solanki
Aged 40 years, Occ: Service,
R/o. B/3, Walmiki CHS Ltd.,
Gorpadi Gaon,
Pune-411001 ......Petitioner
Versus
1 State of Maharashtra
[Copy to be served on the Govt.
Pleader, Writ Cell, High Court,
Mumbai ]
2 The Commissioner,
Women and Child
Development,
Commissionerate, 28 Ranicha
Baugh, Pune 411001. .......Respondents
Mr. Yogesh S. Palve, Advocate for Petitioner.
Mr. Vishal Thadani , AGP for Respondent Nos.1 and 2-State.
CORAM : SMT. V.K. TAHILRAMANI, &
SANDEEP K. SHINDE, JJ.
DATE : August 1, 2017.
JUDGMENT : [Per Shri Sandeep K. Shinde, J.]
Aggrieved by the judgment and order of the
Maharashtra Administrative Tribunal (In short 'MAT ') dated
17.6.2015 passed in Original Application No.463 of 2015, the
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petitioner has preferred this petition.
2 Heard learned counsel for the petitioner and the
learned AGP for the State.
3 The petitioner was appointed in the office of the
Respondent No.2 on 16.3.1995 as a 'Junior Clerk' on the
compassionate ground. He was appointed by the Divisional
Social Welfare Officer, Pune, Pune Division, Pune in place of his
mother. On 26.2.2014, the petitioner was promoted on ad-hoc
basis as 'Senior Clerk' for one year. The order of promotion,
however, reserves right to cancel the said order at any point of
time since it was ad-hoc promotion for limited period. It
appears that on 29.5.2015, the petitioner was reverted from
'Senior Clerk' to his original post on the following grounds:
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4 The said order of reversion was confirmed by the
MAT, inter-alia holding that duly qualified candidates, though
available, were not considered or were by-passed, while
granting ad-hoc promotion to the petitioner cannot be faulted
with. That even otherwise, it appears contents of paragraph 2
of the impugned order of reversion was not denied. That even
otherwise, his promotion to the post of 'Senior Clerk' was on
ad-hoc basis for a period of one year and as such, we find no
merit in the present petition. The petition is, accordingly,
dismissed.
(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)
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