1 WP NO.8477/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 37. WP/8477/2010 GANGADHAR CHINTAMANRAO BIDKAR [Civil] V/S THE STATE OF MAHARASHTRA IN ACCOUNTS AND TREASURIES DEPTT THROUGH SECRETARY AND OTHERS. ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.G.Bidwai, Adv., for the petitioner. Mrs.A.V.Gondhalekar, AGP for R.Nos. 1 to 3. ... CORAM: D.B.BHOSALE AND S.B.DESHMUKH, JJ. DATE:July 4th, 2011 ... 1. Heard learned Counsel for the parties. 2. This petition is directed against the order dt.20.4.2010 passed by the Maharashtra Administrative Tribunal in Miscellaneous Application No.174/2009 in Contempt Petition Stamp No.842/2009 in Original Application No.90/2004. The petitioner is also seeking direction to the respondents to comply with the judgment dt.5.3.2009 passed by the Tribunal, disposing of Original Application No.90/2004. In paragraph 2 WP NO.8477/2010 No.6 of the order dt.5.3.2009, the Tribunal has observed thus: "6. In the light of aforesaid afidavit, the main grievance of the applicant that the applicant should be granted the deemed date of promotion with effect from 1st November 1993 seems to have been resolved. The only issue is with regard to further promotion which also seems to be under consideration as indicated in paragraph 12 of the affidavit in reply. Under these circumstances, we direct the Respondents to take a final decision with regard to grant of further promotion and deemed date of promotion to the applicant as expeditiously as possible, preferably within a period of three months from today, after considering all the relevant confidential report and other record. The Respondents shall also compute and pay the arrears of difference in salary in view of the grant of deemed date of promotion from 1.11.1993. O.A. stands disposed of accordingly, however, with no order as to costs." (emphasis supplied) Since the aforementioned directions issued by the Maharashtra Administrative Tribunal were not complied with within the stipulated time, the petitioner filed Contempt Petition and in the Contempt Petition, he filed Miscellaneous Application No.174/2009. While disposing of the Miscellaneous 3 WP NO.8477/2010 Application, the Tribunal in paragraph nos. 4 and 5, made following observations: "4. In view of the fact that the matter is decided by the respondents on merits now Contempt Petition need not be registered. Misc.Application is disposed of by refusing permission to prosecute contempt motion. It is clarified that in case applicant is aggrieved by denial of deemed date promotion as Assistant Accounts Officer he is at liberty to prosecute appropriate legal proceeding against the same. 5. Before disposing of the misc. application we have confirmed from two lawyers that applicant is granted deemed date promotion w.e.f. 1.11.1993 as Assistant Superintendent. He is promoted as Assistant Accounts Officer / Superintendent in the year 2008 and what appears from the communication dated 16.4.2010 is denial of deemed date for such second promotion." (emphasis supplied) From bare perusal of the order dt. 20.4.2010 it is clear that the direction issued by the Tribunal vide judgment and order dt.5.3.2009 passed in Original Application No.90/2004 has been complied with. It also appears from the order dt. 20.4.2010 that the petitioner is granted 4 WP NO.8477/2010 deemed date promotion w.e.f. 1.11.1993 as Assistant Superintendent. By the very same order, Petitioner was given liberty to challenge the said order by filing appropriate legal proceedings. In the circumstances, the prayers made in the writ petition, in our opinion render infructuous. Hence, the petition is disposed of as infructuous. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) ... AGP/8477-10wp