1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5605 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 12th August, 2011 Shri P.V. Davare, Advocate, for the petitioner. Shri K.G. Patil, A.G.P. for Respondent Nos. 1 and 2. -------- 1. The petitioner had approached the Administrative Tribunal for redressal of his grievance about his supersession. It appears that the application was delayed and, therefore, the Tribunal had dismissed the Original Application. 2. There is no dispute that Respondent Nos. 4 and 5 were promoted on 27.1.2004 as Professors in Civil Engineering. The petitioner claims to be their senior and, therefore, contends that the promotion 2 order is illegal as he has been superseded. The petitioner submitted a representation in this regard to the authorities which was rejected on 4.9.2004 because he was not found fit for promotion. It appears that thereafter another representation was made by the petitioner on 14.8.2008, which was rejected on 16.10.2008. The petitioner then approached the Administrative Tribunal. 3. On consideration of the pleadings and the contentions raised by the petitioner, in our opinion, it would be appropriate to condone the delay and to hear the matter on merits. There is no dispute that the petitioner had, in fact, represented to the authorities about his grievance regarding supersession. It is true that the authorities had informed him in 2004 that he was not found fit for promotion. However, in view of the fact that the petitioner had submitted a fresh representation regarding his grievance, that ought to have been 3 considered sympathetically by the Tribunal, in the facts and circumstances of this case.. 4. Accordingly, the writ petition is allowed. The order passed by the Administrative Tribunal is set aside. The delay in approaching the Tribunal is condoned on payment of costs of Rs.2000/= to the Bar Library of the Administrative Tribunal. Costs to be paid within two weeks from today. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp5605.10