1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1083 OF 1994. Laxman S/o Rangnathrao Cherekar, Aged 36 years, Occ.Service in Zilla Parishad, R/o Zilla Parishad, R/o Zilla Parishad Quarter, Near Administrative Building, Parbhani. ... Petitioner. Versus 1. The State of Maharashtra 2. Zilla Parishad,Parbhani, through its Chief Executive Officer, Zilla Parishad, Parbhani. 3. Executive Engineer (Works), Zilla Parishad, Parbhani. ... Respondents. ... Mr.Pradeep Deshmukh, advocate for the petitioner. Mr.V.D.Rakh, Asstt.Govt. Pleader for the State. Mr.Vivek Bhavthankar, advocate for the Respondent No.2. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 16.06.2010. 2 ORAL JUDGMENT (Per B.R.Gavai,J.) 1. By the present petition, the petitioner has prayed for directions to the Respondents to promote or absorb the petitioner on the post of Steno-typist and pay him salary in the cadre of Steno-typist. The petitioner was initially appointed as attendant and subsequently promoted and that too temporarily as Junior Assistant. The said promotion was given effect vide order dt.28.7.1986. The petitioner claiming that he was qualified to be promoted as Steno-typist and that in fact, the work of Steno-typist was taken from him, made representation to the Zilla Parishad. Since the said representation was not responded to, the present Writ Petition has been filed. 2. This Court vide interim order dated 15.7.1994, directed the petitioner to be appointed as Steno-typist and to pay salary to him accordingly from the said date. 3. Since there was backlog in the cadre of Steno-typist from the category of Scheduled Tribe 3 and that the candidate duly selected by the Selection Committee was recommended by the Committee, the Zilla Parishad moved a Civil Application for vacating the interim order. This Court vide order dt.4.6.1996 modified the interim order observing that a candidate belonging to the reserved category is available and further observed that by way of additional post under the orders of the Court, the petitioner will have to be accommodated as Steno-typist. 4. Mr.Deshmukh, learned counsel appearing on behalf of the petitioner submits that the petitioner has now been working as Steno-typist for a period of 16 years and by virtue of his seniority, he is entitled to higher promotion in the cadre of Junior Stenographer. 5. Mr.Bhavthankar, learned counsel appearing on behalf of the Respondent - Zilla Parishad submits that the claim of the petitioner is devoid of substance. It is submitted that initially when the interim orders were passed there was a backlog in the cadre of Steno-typist 4 from the category of Scheduled Tribe. It is further submitted that initially the petitioner was not qualified inasmuch as he was holding qualification of 60 W.P.M. in Shorthand and 30 W.P.M. typing in Marathi, whereas under the Rules the qualification was 80 W.P.M. in Shorthand and 40 W.P.M. in typing. It is further submitted that initially there was no provision in the Rules for filling in the post of Steno-typist by promotion and only by subsequent amendment to the Rules, promotion in the cadre of Steno-typist has been provided for. 6. Taking into consideration peculiar facts and circumstances that under the interim orders passed by this Court, firstly on 15.7.1994, the petitioner has been continued as Steno-typist and subsequently by another order dated 4.6.1996, he has been directed to be continued by creating an additional post, we do not find it appropriate to go into the rival contention. The petitioner has in fact worked for so many years on the said post and has also drawn salary. As a matter of fact, the petition 5 stands allowed at the stage of passing of the interim orders. 7. We, therefore, do not find it necessary to deal with the rival contentions raised by the parties. 8. It is further to be noted that now the petitioner has the requisite qualification. In so far as the claim of the petitioner that he should be promoted to the post of Junior Stenographer is concerned, we find that though by virtue of interim orders, the petitioner is continued as Steno-typist right from 1994, since at the relevant time, there was backlog for a category of Scheduled Tribe, the petitioner can not be given deemed date from the said date. We, therefore, direct that the petitioner's claim to be promoted as Junior Stenographer would be considered giving deemed date to the petitioner from the date on which the petitioner could have been promoted as a Steno-typist in accordance with requisite Rules and that too against the post provided for open category. 6 9. Needless to state that if the petitioner is entitled to the promotion of Junior Stenographer, the Respondent Zilla Parishad shall take necessary steps as aforesaid within a period of six (6) months from today. It is made clear that though the petitioner is officiating in the post from 1994, he should be considered to be regularly appointed in the post of Steno-typist, as per deemed date which we have directed to be worked out as aforesaid. However, at the same time, we clarify that if the petitioner is given deemed date which would be obviously after the date from which he is officiating as Junior Stenographer, the difference in salary which is paid to him shall not be recovered from him. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp108394