JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for fnal hearing.

2. Petitioner seeks deemed date of promotion on the post of Deputy/Additional Executive Engineer w.e.f. 15.05.2012. Since promotion is denied referring to the Administrative Circular No.310 dated 5.08.2010, the said Circular is also challenged in the present petition.

3. Brief facts of the case are that petitioner joined the service with Maharashtra State Electricity Distribution Company Limited on 29.06.1999. While functioning as Assistant Engineer, an adverse grading of ‘Poor’ came to be recorded in the confidential report for the year 2007-08 (period 18.06.2007 to 31.03.2008). The adverse grading was communicated to petitioner four years later on 21.07.2012. He made representation to the General Manager (H.R.) for re-consideration of the grading. The request was rejected by letter dated 3.12.2012. Petitioner therefore made representation to the Maharashtra State Scheduled Castes & Scheduled Tribes Commission which directed the respondents to reconsider the grading vide letter dated 23.12.2013. As per the recommendations of the Commission, the Competent Authority upgraded Petitioner’s C.R. for the year 2007-08 from ‘Poor’ to ‘Very Good’.

4. In the meantime, Petitioner’s case was considered for promotion to the post of Dy/Addl. Executive Engineer in the Selection Committee meeting held on 15.05.2012 in which he was not recommended for promotion on account of failure to meet the required / standard benchmark during the period from 1.04.2007 to 31.03.2008.

5. Consequent to upgradation of his C.R. for the year 2007-08 from ‘Poor’ to ‘Very Good’, respondent no.1 conducted Selection Committee on 17.06.2014 for consideration of Petitioner’s case on the post of Dy/Addl. Executive Engineer w.e.f. 15.5.2012. However, relying on the Administrative Circular No. 310 dated 25.08.2010, the Selection Committee did not recommend his case for promotion to the post of Dy/Addl. Executive Engineer w.e.f. 15.5.2012. The Administrative Circular No.310 dated 25.08.2010 provides that if C.R.s are reviewed, the same shall not be considered for deemed date of promotion and that the upgraded grading can be considered only with prospective efect. Petitioner has accordingly challenged the Administrative Circular No.310 dated 25.08.2010 as well as decision not recommending his promotion to the post of Dy/Addl. Executive Engineer w.e.f. 15.05.2010. Petitioner has also challenged communication dated 11.11.2019 conveying him the decision of the Selection Committee Meeting held on 17.06.2014.

6. Appearing for petitioner, Mr. Walanju the Ld. Counsel would submit that since Petitioner’s C.R. for the year 2007-08 has been upgraded from ‘Poor’ to ‘Very Good’, the benefit of such upgradation must enure to him. That the Administrative Circular No. 310 dated 25.08.2010, cannot have the effect of denial of benefit of promotion from retrospective effect. That the adverse grading was communicated to petitioner belatedly and that therefore, he cannot be made to suffer on account of mistake of respondent no.1. That upgradation of CR would be rendered meaningless if such upgradation is not taken into consideration while reconsidering the case for promotion.

7. Per-contra, Mrs. Baxi the Ld. Counsel appearing for Respondent No. 1 would oppose the petition submitting that the Administrative Circular No.310 dated 25.08.2010 disentitles petitioner from grant of deemed date of promotion even upon subsequent upgradation of his A.C.R. She would further submit that, petitioner's case was subsequently considered for promotion to the post of Deputy/Additional Executive Engineer on 6.05.2014, 31.03.2015, 19.12.2015, 5.5.2017, 23.5.2018 and 21.2.2019 when he was not recommended for such promotion. It is only on 03.11.2021 that the Selection Committee recommended petitioner’s case for promotion to the post of Dy/Addl Executive Engineer. She would submit that ACR