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2005 Supreme(Bom) 382

S.P.KUKDAY, F.I.REBELLO
SHRIRANG ATMARAM NIKAM – Appellant
Versus
DISTRICT AND SESSIONS JUDGE, THANE – Respondent


Judgment

R. I. REBELLO, J.

( 1 ) RULE. Heard forthwith.

( 2 ) THE petitioner is working as a Bailiff in the subordinate Court. He was appointed vide office order No. 114 dated 17th April, 1989. He was confkmed by office order No. 384. It is the case of the petitioner that since then he is working satisfactorily as a Bailiff and is discharging his duties and responsibilities to the satisfaction of all concerned. Till date he has not received promotion. It is his further case that on completion of 12 years of service in terms of G. R. he would be entitled for assured promotional scale or time bound promotion scale. The petitioner, however, was not given the benefit of the said G. R. It is the case of the petitioner that he is not aware of the reasons as to why he was not given the benefit. On 30th October, 2003 he was intimated by communication of the adverse remarks in the confidential report from 1st April, 2002 to 31st March, 2003 which are as follows :- 1. Relations with colleagues and Public : Unfriendly 2. Fitness for Promotion. : Unfit the record does not show whether the petitioner has represented against the adverse C. R. It is, however, the petitioners case that on retiremen










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