Case Note & Summary
The petitioner, Dr. Santosh Revankar, was appointed as Medical Officer in the Municipal Corporation of Greater Mumbai on 2nd May 1991, while respondent No.4, Dr. Mangala Dnyanoba Gomare, was appointed on 3rd November 1992. In 2006, both applied for the post of Assistant Health Officer through a selection process. The Selection Committee selected both, and respondent No.4 took charge on 19th June 2006, while the petitioner took charge on 31st October 2006 after submitting his caste validity certificate. In 2011, two posts of Deputy Executive Officer were vacant and reserved for SC/ST categories; the petitioner belongs to SC. On 5th October 2017, the Promotion Committee recommended the petitioner for the post of Joint Executive Health Officer. However, by an order dated 20th November 2019, respondent No.3 promoted respondent No.4 to that post and demoted the petitioner. The petitioner contended that he was senior to respondent No.4 from the date of initial appointment and in all promotional posts. The court found the impugned order arbitrary and set it aside, directing the respondents to consider the petitioner for promotion in accordance with seniority.
Headnote
A) Service Law - Seniority - Promotion - Quashing of Order - The petitioner, senior to respondent No.4 from initial appointment, was overlooked for promotion to Joint Executive Health Officer despite being recommended by the Promotion Committee. The court held that the impugned order dated 20th November 2019 was arbitrary and set it aside, directing the respondents to consider the petitioner for promotion in accordance with seniority (Paras 1-4).
Issue of Consideration
Whether the order promoting respondent No.4 and demoting the petitioner from the post of Joint Executive Health Officer was valid, given the petitioner's seniority.
Final Decision
The court quashed the order dated 20th November 2019 and directed the respondents to consider the petitioner for promotion to the post of Joint Executive Health Officer in accordance with seniority.
Law Points
- Seniority
- Promotion
- Quashing of administrative order
- Article 226
- Natural justice
