Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Consequences of failure to clear a departmental examination in terms of the Rules known as District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 (for short, `the Rules) is in question in this appeal which arises out of a judgment and order dated 22.10.2002 passed by a Division Bench of the High Court of Bombay, Bench at Nagpur whereby and whereunder a writ petition filed by the appellant herein against the judgment and order dated 15.3.2002 passed by the Maharashtra Administrative Tribunal dismissing the Transfer Application No.300 of 1992, was dismissed.

3. The basic fact of the matter is not in dispute. Appellant was appointed in the post of District Transport Officer on probation on or about 30.11.1984. He joined the services in January 1985. Indisputably, he was put on probation for a period of two years.

4. The relevant Examination Rules applicable to the case read as under:

"Rule 4:- Period within which Examination is to be passed:-

(1) Every District Transport Officer appointed by promotion after the appointed date shall be required to pass the examination within the period of two years fro