Bombay High CourtWP/1647/2015dispossed offdismiss for default

Prakash S/O Laxman Deotale v. Regional Manager, Forest Development Corporation Ltd., Nagpur And Another

2015-10-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

1210wp1647.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1647/2015 Prakash s/o Laxman Deotale ...Versus...

Regional Manager, Forest Development Corporation, Ltd., Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.W. Deshpande, Advocate for petitioner Shri A.M. Sudame, Advocate for respondents CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 12.10.2015 By this petition, the petitioner seeks a direction to the respondents to grant deemed date promotion to the petitioner. According to the petitioner, the respondent - Corporation has promoted the juniors while denying promotion to the petitioner. It is further stated that the representation made by the petitioner to the Corporation for grant of deemed date promotion is not yet decided by the Corporation.

Shri Sudame, the learned Counsel for the respondent - Corporation raises a preliminary objection to the tenability of the petition. It is stated that the respondent - Corporation is an Industry and the petitioner can as well approach the Industrial Court for seeking the redressal of his grievance. It is stated that the matter could be better adjudicated by the Industrial Court.

1210wp1647.15.odt At this stage, the learned Counsel for the petitioner states that the Corporation may first be directed to decide the representation of the petitioner for deemed date promotion and if the same is not decided in favour of the petitioner, the petitioner would avail the alternate remedy.

Since the request made on behalf of the petitioner is just and reasonable, by accepting the statement made on behalf of the petitioner that the petitioner would avail the alternate remedy, if the representation is rejected, we dispose of the writ petition with a direction to the respondent - Corporation to decide the representation of the petitioner at Annexure - IV dated 24.3.2014 as early as possible and positively within a period of two months.

Order accordingly. No costs.

JUDGE JUDGE Wadkar