Case Note & Summary
The petitioner, Pratapsinh Damodar Golekar, a Deputy Commissioner of State Excise, filed Original Application No.220 of 1995 before the Maharashtra Administrative Tribunal, Nagpur Bench, challenging the promotion of respondent No.4 (P.B. Sawant) and respondent No.5 (V.V. Malkalpatte) to the post of Joint Commissioner of State Excise with effect from 1991 by notification dated 8-2-1991. The Tribunal dismissed the application on 12-3-1998. The petitioner then filed the present writ petition. The court considered the facts and arguments, noting that the promotion was based on the select list prepared by the Departmental Promotion Committee. The petitioner was not in the zone of consideration as per the Recruitment Rules. The court found no merit in the petition and dismissed it, upholding the Tribunal's order.
Headnote
A) Service Law - Promotion - Seniority - Eligibility - The petitioner challenged the promotion of respondent Nos.4 and 5 to the post of Joint Commissioner of State Excise with effect from 1991. The court held that the promotion was based on the select list prepared by the Departmental Promotion Committee and the petitioner was not eligible as he was not in the zone of consideration. The Tribunal's dismissal of the Original Application was upheld. (Paras 1-3)
Issue of Consideration
Whether the petitioner was entitled to be considered for promotion to the post of Joint Commissioner of State Excise with effect from 1991 and whether the promotion of respondent Nos.4 and 5 was illegal.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Seniority
- Promotion
- Eligibility
- Recruitment Rules
- Select List
- Maharashtra Administrative Tribunal
Case Details
2017 LawText (BOM) (07) 160
Writ Petition No.1657 of 1998
R.K. Deshpande, Mrs. Swapna Joshi
Mr. R.C. Madkholkar for Petitioner, Mr. V.P. Maldhure for Respondent Nos.1 and 2
Pratapsinh Damodar Golekar
State of Maharashtra and Others
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Nature of Litigation
Service matter challenging promotion
Remedy Sought
Quashing of promotion of respondent Nos.4 and 5 and direction for consideration of petitioner's promotion
Filing Reason
Petitioner aggrieved by promotion of respondents to Joint Commissioner post
Previous Decisions
Maharashtra Administrative Tribunal dismissed Original Application No.220 of 1995 on 12-3-1998
Issues
Whether the promotion of respondent Nos.4 and 5 was illegal
Whether the petitioner was entitled to be considered for promotion
Submissions/Arguments
Petitioner argued that he was senior and eligible for promotion
Respondents argued that promotion was based on select list and petitioner was not in zone of consideration
Ratio Decidendi
Promotion based on select list prepared by Departmental Promotion Committee; petitioner not in zone of consideration as per Recruitment Rules.
Judgment Excerpts
The petitioner filed Original Application No.220 of 1995 before the Maharashtra Administrative Tribunal... challenging the promotion of respondent No.4 – P.B. Sawant and respondent No.5 – V.V. Malkalpatte, to the post of Joint Commissioner of State Excise... with effect from 1991 by notification dated 8-2-1991.
The Maharashtra Administrative Tribunal has dismissed the said Original Application by its judgment and order dated 12-3-1998.
Procedural History
Original Application No.220 of 1995 filed before Maharashtra Administrative Tribunal, Nagpur Bench, dismissed on 12-3-1998. Writ Petition No.1657 of 1998 filed in Bombay High Court, Nagpur Bench, challenging the Tribunal's order.
