W.P. No.1728 OF 2009 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1728 OF 2009 Rajaram Nana Mane ... Petitioner V/s. Superintending Engineer, Sangli ... Respondent Mr.U.R. Mankapure for Petitioner Mrs.A.R.S. Baxi for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: JULY 13, 2010 P.C.: 1. The petition has been filed against the order of the Industrial Court dated 22.8.2008 dismissing the complaint filed by the petitioner. The petitioner contends that since he was given a deemed date of promotion to a particular post he is entitled to the salary and benefits of that post from that date. Admittedly, the petitioner contends that he was denied the promotion as an Upper Division Clerk in 1978. He was later promoted to that post. He was then denied the promotion as an Assistant Accountant in May, 1993. Obviously, therefore, the petitioner would not be entitled to other benefits of that post since he was given a deemed date of promotion from 1995. The Industrial Court has rightly held that the complaint is barred by limitation since the petitioner had sought a deemed date of promotion from 1993 by filing a complaint in 2004. On merits as well, the Industrial W.P. No.1728 OF 2009 : 2 : Court has rightly held that these benefits cannot be given to the petitioner in view of the judgment of the Supreme Court in the case of State of Haryana & Ors. vs. O.P. Gupta & Ors., 1996 7 SCC 533 and of the Division Bench of this Court in the case of Jaising Rangarao Raut vs. Maharashtra State Electricity Board, 2004 (4) Mh.L.J. 115. 2. Petition rejected.