1 OSWP-2378-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2378 OF 2010 M.D. Sawant ...Petitioner Versus Municipal Corporation of Gr.Mumbai & anr. ...Respondents None for the petitioner. Ms.S.M.Modle for respondents. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 20, 2011. P.C. 1. In this petition filed under Article 226 of the Constitution the petitioner prays for deemed dates of promotions as under: 2 OSWP-2378-2010 Post With effect from Seniority claimed Assistant Engineer 10/12/1975 Above Mr.A.M. Gor Executive Engineer 10/12/1979 Above Mr. J.N.Soni Deputy Chief Engineer 1/6/1992 Above Mr.J.N.Soni Chief Engineer 1/12/1998 Above Mr. Ramprayag Chitravansi Dy. Municipal Commissioner 6/12/2000 Above Mr.Shringarpure 2. Admittedly the petitioner retired from the service of the Municipal Corporation sometimes in the year 2002 and he has filed this petition belatedly. As per him the cause of action to file this petition is the order passed by this Court on 13/6/1985 in Writ Petition No.968 of 1982. The petitioner claims that he has been denied the deemed date of promotion as well as the seniority solely on the ground that the reservation policy was applicable only upto the post of Sub Engineer. 3. The Municipal Corporation has filed affidavit in reply. The Petitioner was appointed as Sub-Engineer on 18/5/1972 and he was 3 OSWP-2378-2010 granted the promotions as under: Sr. No. Designation Date of Appointment 1 Sub-Engineer 18/5/1972 2 Asst. Engineer 2/5/1977 3 Executive Engineer 1/10/1987 4 Dy.Chief Engineer 6/5/1999 It has been submitted by the Corporation that the case of Shri D.T. Dange is not applicable to the petitioner in as much as said Shri Dange was not interviewed by the Technical Board as his case was not placed before the said Board for selection / promotion whereas the case of the petitioner was placed twice before the Technical Board on 11/9/1981 as well as 11/3/1982 for the post of Executive Engineer and he was not found to be qualified by the said Board. 4. It is also equally pertinent to note that the petitioner had approached this Court in Writ Petition No.1681 of 1995 praying for promotion with effect from 1/1/1986 and in the post of Executive Engineer. A Division bench of this Court by its order dated 9/6/1995 4 OSWP-2378-2010 turned down the petitioner’s claim for the deemed promotion and it was specifically noted in the said order that he was granted promotion to the post of Executive Engineer in the year 1987 and there was no case made out to grant him the date of deemed promotion as 1/1/1986. Petitioner’s contention that he was superseded by his juniors was also examined by this Court and it was held that there was no merit in the contentions raised by the petitioner when the promotion committee had found him unsuitable in two different rounds of selection i.e. in the year 1985 as well as in 1986. Even after his retirement the petitioner filed his representation for the first time on 11th October 2006 i.e. four years after his retirement. 5. Having regards to the decision of this Court in Writ Petition N.1681 of 1995 and the averments made in the affidavit in reply filed by the Respondent – Corporation, we are satisfied that there is no case made out to entertain this petition for the reliefs prayed for. The petition is rejected summarily. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)