Dinesh Gangadhar Nakhawa v. State Of Maharashtra Through Its Secretary, Gen. Admn. Department And ORS.

Rane 1/2 23 wp 1045.21 as.doc 8 June 2023.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1045 OF 2021 Dinesh Gangadhar Nakhawa ....Petitioner V/S State of Maharashtra & Ors.

....Respondents ...

Mr. Ramchandra K. Mendadkar for the Petitioner. Mr. M.M. Pabale, AGP for Respondent no.1-State. Ms. Kanchan Tiwari, for Respondent no.2-MPBCDC Mr. Vinay Bhorge, Chief Legal Advisor present. ...

CORAM: NITIN JAMDAR, ACJ & SANDEEP V. MARNE, J.

DATE : 8 JUNE 2023.

P.C.:

.

The Petitioner has challenged the order dated 4 December 2020 passed by the employer-respondent no.2-Corporation reverting the Petitioner to the original post. By order dated 30 August 2016 the Petitioner and others were given a conditional ad-hoc promotion to the post of Deputy General Manager. The condition, pursuant to the Government Resolution dated 16 June 2008 was that if Caste Validity Certificate was not submitted within one month, the promotion would be Rane

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cancelled. Consequently, the Petitioner would then go back to his original post of Assistant General Manager.

2.

Admittedly, the Petitioner did not produce the Caste Validity Certificate. Petitioner accepted the said order of ad-hoc promotion with the condition attached. Therefore, we do not find any error in the impugned order dated 4 December 2020 placing the petitioner back to his original post. Further, we are informed that the Caste Certificate of the Petitioner is invalidated and the Petitioner has filed a separate petition challenging the said order.

3.

In light thereof, no interference is warranted. Writ Petition is accordingly rejected.

SANDEEP V. MARNE, J.

ACTING CHIEF JUSTICE Rane