Case Note & Summary
The State of Maharashtra filed a writ petition challenging the judgment dated 08-10-2018 of the Maharashtra Administrative Tribunal (MAT), Nagpur Bench, in Original Application No. 361/2017. The MAT had allowed the application filed by the respondent, Ajay Dalvirsingh Rathod, a Junior Clerk in the Office of District Treasury Officer, Chandrapur. The respondent sought inclusion of his name in the select list for promotion to the Maharashtra Finance and Accounts Service (MFAS) Class-II cadre, prepared based on an examination conducted by the Maharashtra Public Service Commission (MPSC) from 27-5-2015 to 30-5-2015. The respondent had been allowed to appear for the examination pursuant to an interim order of the MAT, and he passed. However, the MPSC withheld his result and did not include him in the select list published vide circular dated 16-12-2016. The MAT directed the State to include the respondent's name in the select list at the appropriate place according to his merit, declared that the MPSC could not withhold the result once the respondent was allowed to appear and passed, and declared that the respondent would be entitled to a deemed date of promotion above his juniors who secured less marks. The State challenged this order. The High Court, after hearing the parties, found no merit in the State's petition. The Court noted that the facts were meticulously culled out by the State in the memo of petition and that the MAT's order was justified. The High Court dismissed the writ petition, upholding the MAT's decision.
Headnote
A) Service Law - Promotion - MFAS Examination - Inclusion in Select List - The respondent, a Junior Clerk, was allowed to appear for the MFAS Class-II examination by the Maharashtra Public Service Commission (MPSC) pursuant to an interim order of the MAT. He passed the examination. The State subsequently withheld his result and did not include him in the select list. The MAT allowed the original application directing inclusion. The High Court upheld the MAT's order, holding that once the respondent was permitted to appear and passed, the MPSC could not withhold the result. (Paras 1-3) B) Service Law - Administrative Tribunal - Judicial Review - The High Court found no error in the MAT's decision as the State's challenge was without merit. The petition was dismissed. (Para 3)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal (MAT) was justified in directing the State to include the respondent's name in the select list for promotion to MFAS Class-II cadre and to declare that the respondent is entitled to a deemed date of promotion above his juniors who secured less marks.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Maharashtra Administrative Tribunal dated 08-10-2018 in Original Application No. 361/2017.
Law Points
- Promotion
- Select List
- MFAS Examination
- Maharashtra Public Service Commission
- Administrative Tribunal
- Judicial Review
- Withholding Result
- Candidature
