Case Note & Summary
The petitioner, Gajanan Wamanrao Bharati, was initially employed as a Laboratory Attendant at Vasantrao Naik Government Medical College, Yavatmal. He was promoted on a temporary basis to the post of Laboratory Assistant. Subsequently, he was reverted to his original post. Challenging this reversion, the petitioner approached the Maharashtra Administrative Tribunal, Nagpur, contending that being a member of the Nomadic Tribe (B) category (caste 'Gosawi'), he was entitled to retain the promoted post under reservation. The Tribunal, after examining a report from the Backward Class Cell, Amravati, found that out of seven posts to which the petitioner was promoted, the roster points were: SC:1, ST:1, and Open:5. However, the actual filling was ST:2, VJ:1, NT(B):1, and Open:3. The Tribunal concluded that since no roster point for N.T. (B) category was available in the seven posts, the petitioner could not claim retention. The High Court, in the present writ petition, upheld the Tribunal's decision, noting that the petitioner's promotion was temporary and that the absence of a roster point for his category justified the reversion. The court dismissed the petition, affirming the order of the Tribunal.
Headnote
A) Service Law - Temporary Promotion - Reversion - Reservation - Roster Point - The petitioner, a Laboratory Attendant belonging to Nomadic Tribe (B) category, was promoted temporarily as Laboratory Assistant. Upon reversion, he challenged the order before the Maharashtra Administrative Tribunal, which upheld the reversion. The High Court held that since no roster point for N.T. (B) category existed in the seven posts to which the petitioner was promoted, he was not entitled to retain the post. The petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the petitioner, belonging to Nomadic Tribe (B) category, is entitled to retain the post of Laboratory Assistant to which he was promoted on temporary basis, despite no roster point for his category being available in the promotional posts.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal dated November 23, 2005, which had confirmed the petitioner's reversion from Laboratory Assistant to Laboratory Attendant.
Law Points
- Temporary promotion does not confer right to retain post
- Reservation roster points must exist for category to claim benefit
- Reversion from temporary promotion is valid if no roster point available
Case Details
2005 LawText (BOM) (12) 101
Writ Petition No. 6279 of 2005
Mr. M.M. Sudame for Petitioner, Mrs. Dangre (AGP) for Respondent Nos. 1 and 2, Mr. Abhay Sambre for Caveator/Respondent No.4
Gajanan s/o. Wamanrao Bharati
State of Maharashtra, Director of Medical Education and Research, Dean of Shri Vasantrao Naik Govt. Medical College, Madhav Undraji Gaikwad
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Nature of Litigation
Writ petition challenging the order of Maharashtra Administrative Tribunal upholding reversion from temporary promotion.
Remedy Sought
Petitioner sought to quash the order of reversion and retain the post of Laboratory Assistant.
Filing Reason
Petitioner was reverted from the post of Laboratory Assistant to Laboratory Attendant despite belonging to reserved category (Nomadic Tribe B).
Previous Decisions
Maharashtra Administrative Tribunal, Nagpur, by order dated November 23, 2005, upheld the reversion.
Issues
Whether the petitioner, belonging to Nomadic Tribe (B) category, is entitled to retain the post of Laboratory Assistant to which he was promoted on temporary basis, despite no roster point for his category being available in the promotional posts.
Submissions/Arguments
Petitioner argued that being from reserved category (Nomadic Tribe B), he should retain the promoted post.
Respondents contended that no roster point for N.T. (B) category existed in the seven posts, hence reversion was valid.
Ratio Decidendi
A temporary promotion does not confer a right to retain the post, especially when no roster point for the candidate's reserved category exists in the promotional posts. Reversion from such temporary promotion is valid.
Judgment Excerpts
The petitioner has challenged the order of the Tribunal, dated November 23, 2005. By the impugned order, the Maharashtra Administrative Tribunal has upheld the petitioner's reversion from the post of Laboratory Assistant to Laboratory Attendant.
The Tribunal, therefore, found that the petitioner was not entitled to retain the post of Laboratory Assistant since no roster point for N.T. (B) category was available in the seven posts to which the petitioner was promoted on temporary basis.
Procedural History
Petitioner was promoted temporarily as Laboratory Assistant, later reverted. He challenged reversion before Maharashtra Administrative Tribunal, Nagpur, which upheld the reversion on November 23, 2005. Aggrieved, he filed the present writ petition in the Bombay High Court, Nagpur Bench, which was dismissed on December 12, 2005.
