Case Note & Summary
The State of Maharashtra and the Chief Engineer (Mechanical), Water Resources Department, filed a writ petition challenging the decision of the Maharashtra Administrative Tribunal (MAT) in O.A. No. 816/2006. The Tribunal had allowed the original application filed by seven respondents, who were Junior Engineers (Mechanical) in the Water Resources Department. The respondents possessed Bachelor of Engineering (Mechanical) degrees before their appointment as Junior Engineers under various government schemes, including appointments for Project Affected Persons and compassionate grounds. They sought classification as Gazetted Engineers Class II and posting as Assistant Engineers Grade II with revised remuneration. The Tribunal directed the petitioners to confer such status and pay revised remuneration. The High Court, after hearing both sides, dismissed the petition, holding that the Tribunal's order was correct and did not warrant interference. The court noted that the respondents were qualified engineers and their claim for gazetted status was justified. The judgment was delivered by a division bench comprising T.V. Nalawade and Sunil K. Kotwal, JJ., on February 20, 2018.
Headnote
A) Service Law - Classification of Posts - Gazetted Status - Junior Engineers holding Bachelor of Engineering degree are entitled to be classified as Gazetted Engineers Class II and posted as Assistant Engineers Grade II - The Maharashtra Administrative Tribunal directed the State to confer such status and pay revised remuneration - The High Court upheld the Tribunal's order, finding no error in the decision (Paras 1-3).
Issue of Consideration
Whether Junior Engineers possessing Bachelor of Engineering (Mechanical) degree are entitled to be classified as Gazetted Engineers Class II and to be posted as Assistant Engineers Grade II with revised remuneration.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal directing the petitioners to confer upon respondents the status of Gazetted Engineers Class II, post them as Assistant Engineers Grade II, and pay revised remuneration.
Law Points
- Service Law
- Classification of Posts
- Gazetted Status
- Junior Engineer
- Assistant Engineer
- Bachelor of Engineering
- Maharashtra Administrative Tribunal
- Writ Jurisdiction
Case Details
2018 LawText (BOM) (02) 2
Writ Petition No. 4676 of 2007
T.V. Nalawade, Sunil K. Kotwal
Mr. Ajay Deshpande (Special Counsel for petitioners), Mr. Rajendra S. Deshmukh (Advocate for respondent Nos. 1 to 7)
The State of Maharashtra and The Chief Engineer (Mechanical), Water Resources Department
Milind s/o. Rangnathrao Kulkarni and others
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Nature of Litigation
Writ petition challenging the decision of Maharashtra Administrative Tribunal directing conferment of gazetted status and revised remuneration to Junior Engineers.
Remedy Sought
The petitioners (State of Maharashtra and Chief Engineer) sought to quash the Tribunal's order allowing the respondents' original application.
Filing Reason
The respondents, Junior Engineers with Bachelor of Engineering degrees, sought classification as Gazetted Engineers Class II and posting as Assistant Engineers Grade II with revised remuneration.
Previous Decisions
The Maharashtra Administrative Tribunal in O.A. No. 816/2006 allowed the respondents' application and directed the petitioners to confer gazetted status and pay revised remuneration.
Issues
Whether Junior Engineers with Bachelor of Engineering degrees are entitled to be classified as Gazetted Engineers Class II and posted as Assistant Engineers Grade II.
Submissions/Arguments
The petitioners argued against the Tribunal's order.
The respondents supported the Tribunal's order.
Ratio Decidendi
Junior Engineers possessing Bachelor of Engineering degrees are entitled to be classified as Gazetted Engineers Class II and posted as Assistant Engineers Grade II with revised remuneration.
Judgment Excerpts
The petition is filed to challenge the decision given by Maharashtra Administrative Tribunal, Aurangabad in O.A. No. 816/2006.
The Tribunal has allowed the proceeding filed by present respondents and direction is given to the petitioners to confer upon respondents first the status of Gazetted Engineers, Class II and also to give them postings as Assistant Engineer, Grade II and to see that revised remuneration is paid.
Procedural History
The respondents filed Original Application No. 816/2006 before the Maharashtra Administrative Tribunal challenging the decision on their representation. The Tribunal allowed the application. The State of Maharashtra and the Chief Engineer filed Writ Petition No. 4676 of 2007 before the Bombay High Court challenging the Tribunal's order. The High Court dismissed the petition.
