Case Note & Summary
The petitioner, Suresh S/o Pahadsingh Hakumdar, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking directions to the respondents, including the State of Maharashtra and the Maharashtra State Road Transport Corporation (MSRTC), to consider his case for promotion to the post of Traffic Controller from the open category. The petitioner, a Conductor who joined service in 1981, belongs to the 'Rajput Bhamta' Scheduled Tribe, as recorded in his service book. However, his caste certificate had not yet been validated by the Caste/Tribe Scrutiny Committee. In 2011, the respondent corporation advertised the promotional post of Traffic Controller. The petitioner was permitted by Respondent No.2 to appear for the departmental examination from the open category. He was selected and placed at Sr. No.57 in the merit list. Despite this, the respondents did not promote him, allegedly because his caste certificate was not validated. The petitioner argued that since he was allowed to compete from the open category and was selected on merit, the non-validation of his caste certificate should not be a bar to his promotion. The respondents contended that the petitioner, being a reserved category candidate, could not be considered from the open category without a validated caste certificate. The court, after hearing both sides, held that the petitioner was permitted to appear from the open category and was selected on merit. The non-validation of the caste certificate does not affect his eligibility for promotion from the open category. The court directed the respondents to consider the petitioner's case for promotion from the open category and grant him all consequential benefits, including seniority and arrears, within three months. The writ petition was allowed with no order as to costs.
Headnote
A) Service Law - Promotion - Reserved Category Employee - Open Category Consideration - The petitioner, a Scheduled Tribe employee, sought promotion to the post of Traffic Controller from the open category, having been permitted to appear for the departmental examination from that category. The court held that the non-validation of the caste certificate does not bar consideration for promotion from the open category, as the petitioner was allowed to compete from that category and was selected on merit. (Paras 1-10)
Issue of Consideration
Whether an employee belonging to a reserved category can be considered for promotion from the open category when his caste certificate has not been validated by the Scrutiny Committee.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's case for promotion to the post of Traffic Controller from the open category and grant him all consequential benefits, including seniority and arrears, within three months. No order as to costs.
Law Points
- Promotion from open category
- reserved category employee
- caste certificate validation
- consideration for promotion
- Maharashtra State Road Transport Corporation
