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2023 Supreme(Online)(BOM) 25070

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


Advocates:
For the Appellants/Petitioners: Mr. Kishor D. Walanju
For the Respondents: Mrs. Anjali R. Shiledar Baxi

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 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 C

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