1 W.P.No.3748 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.3748 OF 2011 Shripad Janardhan Kulkarni ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr Rajendra S. Deshmukh, Advocate for the petitioner; Mr S.K. Kadam, Asstt. Govt. Pleader for respondents CORAM : MOHIT S. SHAH, C.J. AND NARESH H. PATIL, J. DATE : 29.8.2011 PER COURT : In this petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges the judgment dated 14.9.2010 of the Maharashtra Administrative Tribunal, Aurangabad Bench, dismissing the petitioner's Original Application No.59 of 2001, by which the petitioner had challenged the order dated 28.1.1988 cancelling the petitioner's promotion to the post of Aval Karkun by previous order dated 14.1.1988. Thereafter the petitioner was again promoted to the post of Aval Karkun by regular promotion by order dated 30.4.1992. The petitioner has retired on 31.3.1998 on attaining the age of superannuation. 2 W.P.No.3748 of 2011 2. The Tribunal accepted the case of the respondent that the promotion order of 14.1.1988 was required to be cancelled within a fortnight, when it was realized that the backlog in reserved posts was not cleared. The Tribunal has examined the petitioner's grievances in detail and found that he was initially appointed in the Osmanabad District and that upon bifurcation of the District into Osmanabad and Latur Districts, the petitioner opted to remain in Osmanabad District. Merely because the employees, who were initially junior to the petitioner in the old Osmanabad District and opted for Latur District, came to be promoted as Aval Karkuns before the petitioner was promoted as Aval Karkun in Osmanabad District, that by itself could be no ground for granting the petitioner, any deemed date of promotion. We are in agreement with the view and conclusion of the Tribunal. The petition is, therefore, summarily dismissed. (NARESH H. PATIL,J.) CHIEF JUSTICE amj/wp3748.11