1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5600 OF 1997 Vishvasrao S/o Gulabrao Surve Age : 58 Yrs., Occ. Retired Mistry ( Class – I ), R/o : Patilwada, Bhadgaon, Tq. Bhadgaon, Dist. Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra 2. Commissioner Nasik Division Dist. : Nasik. 3. Zilla Parishad Jalgaon, through its Chief Executive Officer. 4. Secretary Rural Development & Water Conservation Department, Mantralalay, Bombay. .... RESPONDENTS Mr. P. R.Patil, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 25/06/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. By the present petition, the petitioner seeks deemed date of promotion for the post of assistant to Jr. Engineer and for consequential 2 benefits. 2. It is the case of the petitioner that he was appointed as a Mukadam on 30/4/1962 and as per the Govt. Resolution dated 23/11/1992 if an employee has completed 15 years of service and having age of 45 years, he can be promoted as assistant to the Extension Officer. 3. The petitioner made representation. The said representation was considered and the Chief Executive Officer, Zilla Parishad, Jalgaon has given reason that as the petitioner has not passed qualifying examination, he could not be considered for the said post. Mr. Patil, the learned counsel for the petitioner fairly concedes that the petitioner has not passed the said examination. As the petitioner does not fulfill the basic condition, he is not entitled for promotion, consequently can not be given deemed date of promotion. 4. In light of the above, there is no merit in the petition. The petition is dismissed. Rule is discharged. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 5600.97