213wp3487.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 3487 of 2010 (Vidarbha Irrigation Dev. Corp. and anr. vs. Tikaram S. Sontakke and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and M.L.Tahaliyani, JJ. Date : 21/03/2011. Heard Mr.V.G.Palshikar, Adv. for the petitioners, Mr.M.M.Sudame, Adv. for respondent no.1 and Mr.A.S.Fulzele, Assistant Government Pleader for respondent no.2. This petition is directed against the order dated 2nd September, 2009 passed by the Maharashtra Administrative Tribunal, Nagpur whereby the Original Application filed by the respondent herein for grant of deemed date of promotion came to be allowed. Counsel for the petitioners has submitted that respondent no.1 was appointed from the reserved category and his caste claim was referred to the Caste Scrutiny Committee for 213wp3487.10.odt 2 . verification. It is submitted that the Caste Scrutiny Committee invalidated the caste certificate of respondent no.1 as belonging to Ghisadi Lohar Community (Nomadic Tribe) and therefore, the respondent was not entitled for grant of promotion. It is submitted that, on the earlier occasion, the respondent had filed petition bearing Writ Petition No.3710 of 2007, which was disposed of by this Court by observing in para 5 of the petition as under : “ Considering the existing policy of the State Government of protecting services of those who were entered Government service prior to 15th June, 1995, we find that the petitioner who has rendered such a long service should not be met with the loss of employment and other benefits. However, he shall not be entitled to any promotional post etc. on the basis of the tribe he had claimed which claim has been invalidated. “ It is submitted that the above referred observations made by this Court show that the respondent herein was not entitled to claim any promotion and therefore, the impugned order passed by the Tribunal granting deemed date of promotion to the respondent on the post of Assistant Draftsman to Draftsman is bad in law. 213wp3487.10.odt 3 . Counsel for the respondent has submitted that promotion which was directed by the Tribunal to be given to the respondent with the deemed date is not meant for a person belonging to the reserved category. It is submitted that the respondent was Assistant Draftsman and promotion to the post of Draftsman was not on the basis of reservation meant for VJNT community and therefore, the contentions canvassed by the learned Counsel for the petitioners are misconceived. Having considered the contentions canvassed by the respective Counsel, after perusing the earlier order passed by this Court dt. 22.8.2007 as well as the impugned order passed by Maharashtra Administrative Tribunal and after taking into consideration the basic fact that promotion of the respondent was not from the reserved category, the contentions canvassed by the learned Counsel for the petitioners, in our opinion, are misconceived. The order of the Tribunal is just and proper and needs no interference. Hence, the petition is dismissed. JUDGE JUDGE jais