Gaikwad Ajit J. v. The State Of Maharashtra And ORS.

44-wp.4720-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.4720 OF 2018 Gaikwad Ajit J.

..Petitioner Vs The State of Maharashtra & Ors.

..Respondents ----- Mr. Ganesh Bhujbal for Petitioner.

Ms. V.S. Nimbalkar, AGP for State/Respondent Nos.1 and 2. Mr. S.R. Chopda i/b S.S. Panchpor for respondent No.4. ------ CORAM : A.S.GADKARI, J.

DATE : 7th October 2019.

P.C.:

1] Application of the petitioner for condonation of delay of one and half years for challenging the promotion of the respondent No.4 has been rejected by the Presiding Officer, School Tribunal, Pune by its Judgment and Order dated 11.12.2017 in M.C.A. No.27 of 2017.

2] The record indicates that, the petitioner and respondent No.4 are working in the same Institution. The respondent No.4 was promoted to the post of Head Mistress on 1.12.2015 by the respondent No.1/Institution. The petitioner filed an appeal challenging the promotion of the respondent No.4 on 29.6.2017 i.e. after a gap of about one and half years from the date of promotion of the respondent No.4.

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44-wp.4720-2018.doc 3] Perusal of the application filed by the petitioner would indicate that, no sufficient cause, least to say satisfactory cause is made out for condonation of such an inordinate delay . The respondent No.4 is working on the said post since December 2015. It appears that, the petitioner was not diligent enough in exercising his right to challenge to the promotion of the respondent No.4 within a reasonable period.

4] A minute perusal of the impugned Judgment and Order would indicate that, the School Tribunal has not committed any error either in law or on facts while passing the impugned Judgment and Order. The petition being dehors of merits, is accordingly rejected. (A.S.GADKARI, J.) 2/2