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HIGH COURT OF BOMBAY
Sandeep V. Marne, J, S.V. Gangapurwala, ACJ
Shri. Ashok Ratnapal Narwade – Appellant
Versus
Maharashtra State Electricity Distribution Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner challenged non-receipt of promotion due to initial grading. (Para 3 , 4 , 5 , 6) |
| 2. legal requirement for timely communication of grading evaluations exists. (Para 10 , 14 , 15) |
| 3. denial of retrospective promotion contradicts established legal service principles. (Para 16 , 19 , 20) |
| 4. writ petition is allowed; considerations made for retrospective promotion. (Para 21 , 22) |
JUDGMENT : ( Per: 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 confdential 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 2
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