gst 1 wp5944.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 5944 OF 2010 Shrikant Nivrutti Londhe .... ...... ...Petitioner. V/s The State of Maharashtra & Anr. ...... ..Respondents. WRIT PETITION NO. 5945 OF 2010 Ahok H. Dorwat... .... ...... ..Petitioner. V/s The State of Maharashtra & Ors. ..... ..Respondents. WRIT PETITION NO. 5970 OF 2010 Bipinchandra M. Bhandare.... ..... ..Petitioner. V/s The State of Maharashtra... .... ..Respondent. WRIT PETITION NO. 5980 OF 2010. Smt.Surekha R. Naidu... .... ..Petitioner. V/s The State of Maharashtra & Ors. .... ..Respondents. Mr.M.S.Karnik, Adv. For the petitioners. Mr.Samir Patil, AGP for respondent Nos. 1 & 2. CORAM: B.H.MARLAPALLE AND U.D. SALVI, JJ. 2nd December, 2010. PC: 1. Heard Mr.Karnik, learned counsel for the petitioner who is aggrieved by an order dated 6.5.10 passed by the Maharashtra Administrative Tribunal (the gst 2 wp5944.10.sxw Tribunal) thereby rejecting Misc. Civil Application No.48/08 filed in OA No. 106/08 for condonation of delay. 2. We have perused the well reasoned order and we do not find any error apparent on the face of the record so as to cause any interference in the same. 3. The petitioner joined as junior clerk on 17.10.74 at Solapur and he came to be promoted to the post of senior clerk on 26.7.89 and was posted out of Solapur. He did not join and represented to remain at Solapur by giving up the promotion. This request was accepted and he was retained at Solapur. He got his promotion to the post of senior clerk on 26.9.05 at Solapur and submitted a representation on 14.9.07 praying for the deemed date of promotion with effect from 19.10.91. In the meanwhile he had approached the Tribunal by filing an OA in the year 2006 and the same was allowed in April, 2007 for one time promotion. He approached the Tribunal belatedly in OA No.106/08 and filed MCA No.48/08 in the same OA for condonation of delay. 4. Admittedly, at Solapur there was no promotion effected to the post of senior clerk till the petitioner was promoted on 26.9.05 and the posts of senior clerk as and when remained vacant from 1989 to 2005 were filled in by transfers. During this period of about 15 years the petitioner did not represent at any time to the Competent Authority that he was willing to go out of Solapur and therefore he should be considered for promotion to the post of senior clerk at any of the stations in the State of Maharashtra, moreso when he was aware that the cadre of Junior/Senior Clerk was a state level cadre. In addition, he did not raise any grievance regarding his supersession in his promotion by his juniors, till he was promoted on 26.9.05. After having been promoted on 26.9.05, he waited for another two years to submit a representation to the State Government for being included in the list of seniority with effect from 19.10.1991. It was submitted by Mr.Karnik, learned counsel for the petitioner that the petitioner was justified in relying upon the Government Resolutions dated 11.6.93 and 6.6.02. In our opinion, the State Government was right in gst 3 wp5944.10.sxw informing the petitioner that he could not claim the deemed date of promotion and even otherwise he approached the State Government belatedly with his representation. It is not his case that in the OA filed in the year 2006, he had raised the very same issue of deemed promotion. If the promotions pertain to the State level cadre, they cannot be disturbed after lapse of reasonably long period and there must be a finality in such promotions and it is not allowed to be reopened belatedly. 5. In the premises, we do not find any error in the view taken by the Tribunal in rejecting the application of the petitioner. This Writ petition stands dismissed. (U.D. SALVI, J.) (B.H.MARLAPALLE, J.)