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2011 Supreme(Bom) 1262

M.T.JOSHI, B.R.GAVAI
Ramakant Baburao Kendre – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:N.B. Suryawanshi, Advocate.
For the Respondents:S.V. Kurundkar, Govt. Pleader, S.S. Thombre, holding for M.S. Karad, Advocates.

Judgment :

(B.R. GAVAI, J.)

1. Learned counsel appearing for the petitioner seeks leave to delete Respondent Nos. 2 to 4. Leave to delete Respondent Nos. 2 to 4 is granted. Amendment be carried out forthwith.

2. Learned Government Pleader Mr. S.V. Kurundkar waives service of notice for Respondent No.1/State. Learned advocate Mr. S.S. Thombre waives service of notice for Respondent No. 2.

3. Rule. Rule made returnable forthwith and heard finally, by consent.

4. By way of present Writ Petition, the petitioner impugns the judgement and order dated 14th October, 2011, passed by the learned Maharashtra Administrative Tribunal in Original Application No. 456/2011 filed by the present petitioner.

5. The petition arises out of certain glaring facts which are capsulized in nutshell as under.

The Respondent No. 2, namely, Vishwanath Babunath Nath, was working as Executive Engineer, Majalgaon Canal Division No. 10, Parbhani. Undisputedly, Respondent No. 2 had not completed his three years' tenure on the said post at Parbhani. However, it appears that Respondent No. 2 was in the zone of consideration for promotion to the post of Superintending Engineer. As per the relevant Rules, for being p














































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