-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1300 OF 2006 NO.1300 OF 2006 NO.1300 OF 2006 Smt Poonam N. Kadam ...Petitioner v/s The District Judge, Thane and ors. ...Respondents Mr S.M. Oak i/b Ms Nayana Thatte for Petitioner. Mr C.R. Sonawane, AGP for Respondents. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 30TH JUNE 2008. -2- P.C. :- 1. This petition is directed against the denial of promotional pay-scale to the petitioner by order dated 15th May 2004 passed by the District Judge, Thane on the ground that the record of the petitioner is not satisfactory. We have heard the learned counsel appearing for petitioner. We have perused the record. The petitioner has put in twelve years service in 1998 and therefore she was considered for giving higher pay-scale. At that juncture, it was found that twice during the period of five years preceding 1998 she was punished after holding departmental enquiry. Both the times, the misconduct was negligence. Because of her negligence, the Court record was lost and minor penalty was imposed on the petitioner on both the occasions. In our opinion, as during the period of five years preceding 1998, the petitioner was punished twice for misconduct, it cannot be said that the District Judge, Thane has committed any grave error is not holding the petitioner entitled for higher pay-scale. The learned counsel appearing for petitioner relied on the judgment of the Division Bench of this Court in the case of Shrirang Atmaram Nikam v/s District and Sessions Judge, Thane, reported in 2005(3) Mah.L.J. 245. Perusal of -3- that judgment shows that the Court in that judgment held that for the purpose of considering a candidate for time bound promotion, his service record of preceding five years should be seen. That has been done in the instant case and the petitioner has been found unfit to the higher pay-scale. We do not find any illegality in the order impugned. Petition is dismissed. Rule is discharged with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)