1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 7583 OF 2008 Parmeshwar s/o. Sambhajirao Munde, age 46 years, occ. service as Assistant Engineer with Zilla Parishad Works Sub Division, Hadgaon, district Nanded, R/o. House No. 66-B, Freedom Fighters Colony, Nanded. - - Petitioner versus 1. The State of Maharashtra. 2. The Divisional Commissioner, Aurangabad. 3. The Zilla Parishad, Nanded through its Chief Executive Officer, Nanded. - - - - Respondents Shri D. S. Mali, Advocate holding for Shri S. B. Talekar, Advocate for petitioner. Shri K. G. Patil, Asstt. Govt. Pleader for respondents Nos.1 and 2. Shri V. S. Panpatte, Advocate for respondent No.3. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 22nd September 2009 ORAL ORDER : [ Per B. R. GAVAI, J. ] 1. The petitioner challenges the Order dated 1-3-2008 directing 2 deletion of the name of the petitioner from the seniority list issued by Chief Executive Officer, Zilla Parishad, Nanded. 2. The petitioner was initially appointed as Junior Engineer vide Order dated 28-9-1990 on purely temporary basis. On 18-11-1996, petitioner's post came to be upgraded as Assistant Engineer in the higher pay scale. On 1-10-2002, petitioner was given time bound promotion as Assistant Engineer, Grade I. Though the name of the petitioner was included in the provisional seniority list as Junior Engineer, in the final list which was approved on 1-3-2008, his name was not shown. Hence, the present petition. 3. Shri Talekar, learned Counsel appearing on behalf of the petitioner, submits that the petitioner was possessing qualification equivalent to B. Sc., and as such, the action of respondent in deleting the name of the petitioner from the seniority list is not justified in law. It is submitted that in any case when petitioner was appointed as Junior Engineer, he was appointed on the same qualification i.e. the B.Sc. (Applied Science). It is, therefore, not permissible for the respondent to deny the placement of the petitioner in the seniority on the ground that he does not possess degree in B. Sc. (Applied Science) or equivalent degree thereof. 3 4. In the reply filed by respondent No.3, it has been categorically stated that initially, name of the petitioner was erroneously included in the seniority list. However, information was sought by the respondent No.1 calling for various details regarding the petitioner. It is submitted that on the basis of information submitted to the respondent No.1 it was found that the petitioner was possessing degree i.e. B. Sc. (Applied Science). However, it was not equivalent to that of B.E. (Civil), and as such, he was not entitled to get further promotional benefit. 5. It could thus be clearly seen that name of the petitioner does not find place in the final seniority list since he does not possess the qualification either of B.E. (Civil) or any other qualification which has been held to be equivalent thereto. The reliance on the communication of the State of Maharashtra dated 25-7-1972 would also not be of any assistance to the petitioner inasmuch as degree of B.Sc. in Civil which, according to the petitioner, has been held to be equivalent, is of Aligarh University. In the list annexed along with the said communication, the University from which the petitioner has secured his degree i.e. Marathwada University, there is no mention that the qualification which the petitioner has acquired is 4 equivalent to B.E. (Civil). 6. It has also been categorically stated in the reply filed on behalf of respondent No.3 that the petitioner has neither been terminated nor has he been reduced in rank. Since the petitioner does not possess requisite qualification, he cannot be considered for promotional post, we do not find any infirmity with the impugned action by the respondents. No case is made out for interference. Petition is, therefore, dismissed. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp758308