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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AURANGABAD
S.G. MEHARE, SHAILESH P. BRAHME
Pandit Mukundrao Takankhar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Shailesh P. Brahme, J.] :
1. Rule.
2. Rule is made returnable forthwith. Heard both sides finally at the admission stage with the consent of parties.
3. The petitioner is invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for quashing the order denying him promotion to the post of Registrar and soliciting direction to confer the benefits of promotion from 09.02.2012 with further consequential reliefs.
4. The petitioner was appointed as English Section Writer on 31.01.1979 at District and Sessions Court, Nanded. He was made permanent in due course of time. He was promoted to the post of Senior Clerk on 01.07.1988 and thereafter to the post of Assistant Superintendent on 26.08.1996. He was further promoted to the post of Superintendent on 01.09.2005. He was due for the further promotion to the post of Registrar being senior most eligible candidate. However respondent no. 4 was promoted to the post of Registrar on 09.02.2012 . Against the denial of promotion, appeal was preferred under Rule 21 of Maharashtra Civil Services (Discipline and Appeal), Rules,1979 (for brief ‘Rules of 1979’) to Registrar General. By order dated 24.09.2012 appe
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The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that ad....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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