Case Note & Summary
The petitioner, Shrirang Atmaram Nikam, was appointed as a Bailiff in the subordinate court on 17th April 1989 and was confirmed subsequently. He claimed that he had been working satisfactorily and discharging his duties to the satisfaction of all concerned. However, he had not received any promotion. He contended that on completion of 12 years of service, in terms of a Government Resolution (G.R.), he was entitled to an assured promotional scale or time bound promotion. Despite completing 12 years, he was not given the benefit of the said G.R. and was not aware of the reasons for the denial. On 30th October 2003, he made a representation to the respondents, but no decision was taken. Hence, he filed a writ petition seeking a direction to the respondents to grant him the benefit of time bound promotion/assured promotional scale. The respondents did not file any affidavit in reply. The court, after hearing the parties, held that the petitioner was entitled to the benefit of the G.R. and directed the respondents to consider his case for time bound promotion/assured promotional scale in accordance with the G.R. within a period of three months from the date of the order. The writ petition was allowed in terms of prayer clause (a).
Headnote
A) Service Law - Time Bound Promotion - Assured Promotional Scale - Government Resolution - Petitioner, a Bailiff, completed 12 years of service but was not given the benefit of assured promotional scale as per G.R. - Court held that the petitioner is entitled to the benefit and directed the respondents to consider his case for time bound promotion/assured promotional scale in accordance with the G.R. (Paras 1-3)
Issue of Consideration
Whether the petitioner, a Bailiff in the subordinate court, is entitled to the benefit of time bound promotion/assured promotional scale on completion of 12 years of service as per the Government Resolution.
Final Decision
Writ petition allowed. Respondents directed to consider petitioner's case for time bound promotion/assured promotional scale in accordance with the Government Resolution within three months from the date of the order.
Law Points
- Time bound promotion
- Assured promotional scale
- Government Resolution
- Service law
- Writ jurisdiction
