Case Note & Summary
The petitioner, Dr. Sanjay Atmaram Gaikwad, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 2/12/2009 passed by the Maharashtra Administrative Tribunal in Original Application No.1421 of 2009. The respondent No.3, Dr. Ganesh Shankarrao Jadhav, was appointed as a Class-I, Group 'A' officer in the Maharashtra Medical Insurance Services on 01/09/2007. On 23/10/2009, the State Government circulated a seniority list of Group-A Medical Superintendents/Medical Administrative Officers as on 01/01/2009, which did not include the respondent No.3's name. The respondent No.3 approached the Tribunal seeking inclusion of his name in the seniority list. The Tribunal allowed the application and directed the State to include his name. The petitioner challenged this order, arguing that the respondent No.3 was not on the rolls as on 01/01/2009. The High Court held that the Tribunal's order was correct and dismissed the petition, finding no error in the direction to include the respondent No.3's name in the seniority list.
Headnote
A) Service Law - Seniority - Cut-off Date - Inclusion of Eligible Employees - Maharashtra Medical Insurance Services - The Tribunal directed the State to include the applicant's name in the seniority list as on 01/01/2009, holding that the applicant was appointed on 01/09/2007 and was eligible for inclusion. The High Court upheld the Tribunal's order, finding no error in the direction to include the applicant's name. (Paras 4-6) B) Constitutional Law - Writ Jurisdiction - Article 226 - Scope of Judicial Review - The High Court declined to interfere with the Tribunal's order, noting that the Tribunal had correctly applied the principle that seniority lists must reflect the actual date of appointment and include all eligible employees. (Para 6)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal erred in directing the State Government to include the respondent No.3's name in the seniority list of Group-A Medical Superintendents/Medical Administrative Officers as on 01/01/2009.
Final Decision
Writ Petition dismissed. No order as to costs.
Law Points
- Seniority list must include all eligible employees as on the cut-off date
- Maharashtra Medical Insurance Services Rules
- Article 226 of Constitution of India
