Case Note & Summary
The Petitioner, Shri Sandesh Gajmal Shinde, a diploma holder engineer employed with the Nashik Municipal Corporation, was aggrieved by his exclusion from promotion to the post of Deputy Engineer. The Irrigation Department, by resolution dated 16.04.1984, provided that trainee/diploma holding engineers would be treated as Sectional Engineers after completing five years of service. The Petitioner completed such five years on 04.02.2005 and became a Sectional Engineer. However, the Corporation excluded him from promotion on the ground that he had not passed the departmental examination prescribed for promotion to Deputy Engineer. The Petitioner challenged this exclusion. The Court noted that the resolution did not prescribe any departmental examination for diploma holders to become Sectional Engineers or for promotion to Deputy Engineer. The Court held that the Petitioner, having become a Sectional Engineer, was entitled to be considered for promotion to Deputy Engineer without the requirement of passing the departmental examination. The Court allowed the petition, quashed the exclusion, and directed the Corporation to consider the Petitioner for promotion to Deputy Engineer from the date his juniors were promoted, with consequential benefits.
Headnote
A) Service Law - Promotion - Eligibility - Diploma Holder Engineers - Resolution dated 16.04.1984 of Irrigation Department - Petitioner completed five years of service as trainee/diploma holder and became Sectional Engineer - Held that the Petitioner was entitled to be considered for promotion to Deputy Engineer without passing departmental examination, as the resolution did not prescribe such examination for diploma holders (Paras 4-6).
Issue of Consideration
Whether the Petitioner, a diploma holder engineer who completed five years of service and became a Sectional Engineer, could be excluded from promotion to the post of Deputy Engineer on the ground that he had not passed the departmental examination.
Final Decision
The Court allowed the petition, quashed the exclusion of the Petitioner from promotion to the post of Deputy Engineer, and directed the Corporation to consider the Petitioner for promotion to Deputy Engineer from the date his juniors were promoted, with consequential benefits.
Law Points
- Promotion eligibility
- Diploma holder engineers
- Sectional Engineer
- Departmental examination
- Municipal Corporation service rules
Case Details
2017 LawText (BOM) (04) 13
WRIT PETITION NO. 393 OF 2013
ANOOP V. MOHTA, RAVINDRA V. GHUGE
Mr. Atul G. Damle, Senior Advocate i/by Mr. Sachin D. Kadam, Advocate for the Petitioner; Mr. M. L. Patil, Advocate for Respondent Nos. 1 to 3; Mr. Pritesh K. Bohade, Advocate for Respondent Nos. 6 and 7
Shri Sandesh Gajmal Shinde
The Nashik Municipal Corporation, The Commissioner, the Nashik Municipal Corporation, The Deputy Municipal Commissioner, the Nashik Municipal Corporation, The Secretary, Urban Development Department, The State of Maharashtra, Shri Madiwale Vinod Deorao, Shri Patil Sanjay Amrut
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Nature of Litigation
Writ petition challenging exclusion from promotion to the post of Deputy Engineer.
Remedy Sought
Petitioner sought quashing of his exclusion from promotion and direction to consider him for promotion to Deputy Engineer.
Filing Reason
Petitioner was excluded from promotion to Deputy Engineer on the ground that he had not passed the departmental examination.
Issues
Whether the Petitioner, a diploma holder engineer who completed five years of service and became a Sectional Engineer, could be excluded from promotion to the post of Deputy Engineer on the ground that he had not passed the departmental examination.
Submissions/Arguments
Petitioner argued that the resolution dated 16.04.1984 did not prescribe any departmental examination for diploma holders to become Sectional Engineers or for promotion to Deputy Engineer.
Respondents argued that the departmental examination was necessary for promotion to Deputy Engineer.
Ratio Decidendi
A diploma holder engineer who completes five years of service and becomes a Sectional Engineer under the resolution dated 16.04.1984 is entitled to be considered for promotion to Deputy Engineer without the requirement of passing a departmental examination, as the resolution does not prescribe such examination.
Judgment Excerpts
The Petitioner completed such five years with Respondent No.1 Corporation on 04.02.2005 and became a Sectional Engineer.
The resolution does not prescribe any departmental examination for diploma holders to become Sectional Engineers or for promotion to Deputy Engineer.
Procedural History
The Petitioner filed Writ Petition No. 393 of 2013 before the High Court of Judicature at Bombay challenging his exclusion from promotion. The Court heard the matter and delivered judgment on 12 April 2017.
