1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.2687 of 2008 (The Commr., Central Excise and anr. vs. Shri Shrikant Vasant Khamborkar) -=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATE : JULY 24, 2008. Heard Mr. S.B.Bangde, Adv. for Petitioners. This petition is directed against the order dt. 22.3.2007 passed by the Central Administrative Tribunal. Considered the contentions canvassed by the respective counsel. Perused the impugned order. Perusal of the impugned order shows that, in a similarly circumstanced employee, who had filed Original Application No.651 of 1997, the Central Administrative Tribunal, on the basis of decision of the Supreme Court in the case of Ms. Renu Mallik vs. Union of India and anr. (AIR 1994 SC 1152), held thus : 2 “ It may be true that the seniority in the previous collectorate may have to be ignored for the purpose of giving their seniority in the newly transferred collectorate, but it has no relevance for judging their eligibility for promotion under the statutory rules. “ Considering these aspects in the impugned order, the Tribunal has further observed thus : “It is also noticed that the above position has been clearly brought out in the impugned order itself that the service rendered by an Inspector in his parent commissionerate will count for the purpose of determining his eligibility for promotion to next higher post in the tranferred commissionerate”. The Central Administrative Tribunal, in the circumstances, directed the Department to consider the respondent's services rendered in Pune commissionerate to determine his eligibility and promote the respondent to the post of Superintendent after following the prescribed procedure. This conclusion arrived at by the Tribunal cannot be said to be bad-in-law. 3 No case made out for showing indulgence. Hence, the petition is dismissed. JUDGE JUDGE ssj