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Bombay High CourtWP/9217/2015rejected at admission stage

Arundas Shivajirao Kanegaonkar v. State Of Maharashtra And Others

2016-02-16Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9217 OF 2015 ARUNDAS SHIVAJIRAO KANEGAONKAR

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Jadhav Sunil B. AGP for Respondent/State : Mr. A.V. Deshmukh ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: February 16, 2016 ...

PER COURT :- Heard the learned counsel appearing for the petitioner.

2.

This Petition is filed with following prayers :- "D) By issuing appropriate writ, order or directions the judgment and order passed by Maharashtra Administrative Tribunal in Original Application No. 506/1997 dated 6.11.2009 may kindly be quashed and set aside.

E) By issuing appropriate writ, order or directions the respondent no.1 and 2 may kindly be directed to grant deem date of

promotion to the applicant in cadre of Assistant Director of Animal Husbandry Class I (Junior) with effect from date of passing departmental examination i.e. 24.10.1976 and further promotion."

3.

We have given careful considerations to the submissions advanced by the learned counsel appearing for the petitioner. There is inordinate delay in filing this Writ Petition, in as much as, the Maharashtra Administrative Tribunal has decided the Original Application on 6th November, 2009. This Writ Petition is filed in April, 2015. Apart from it, even on merits, we find that, the cogent reasons are given by the Maharashtra Administrative Tribunal in paras 6 to 9 that, at no point of time, the petitioner has taken exception to the seniority list, which was prepared in the year 1996 in pursuant to the directions issued by the Maharashtra Administrative Tribunal at Principal Seat.

4.

Upon considering the entire material placed on record, we do not see any perversity in the reasons assigned by the Maharashtra Administrative Tribunal, rather the

reasons assigned are in consonance with the material placed on record before the Maharashtra Administrative Tribunal.

5.

For the reasons aforesaid, we do not find any merit in the Petition, hence, the Petition stands rejected. ( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

SGA