(1) wp4456-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4456 OF 2011 The State of Maharashtra & others PETITIONERS VERSUS Sahebrao Shripati Vidhate RESPONDENT ..... Mr. S.K. Tambe, A.G.P. for the Petitioners/State. Mr. Y.B. Pathan, for the respondent. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 8th SEPTEMBER, 2011 ORAL ORDER: 1. By way of present petition, the petitioners/State challenges the judgement and order dated 7th June, 2010 passed by the learned Maharashtra Administrative Tribunal, thereby allowing the Original Application filed by the respondent. 2. The respondent was working as a Talathi. It appears that after a period of twelve years, the respondent was given benefit of time-bound promotion and the pay scale of Circle Officer. However, subsequently on account of the objections in the (2) wp4456-11 Audit, the respondent was reverted and brought down in the pay scale of Talathi, on the ground that the respondent had given up his claim to promotion permanently. Being aggrieved thereby, though the respondent deposited the amount of difference of salary in the pay scale of a Talathi and that of a Circle Officer, he approached the Maharashtra Administrative Tribunal. The learned Maharashtra Administrative Tribunal allowed the Original Application filed by the respondent directing the pension of the respondent to be determined on the basis of the salary of the promotional post and further directing the State to pay the amount to the respondent of the difference of salary in the pay scale of post of Talathi and that of the promotional post. Being aggrieved thereby, the State has filed the present writ petition. 3. Mr. S.K. Tambe, learned A.G.P. submits that since the respondent-employee had given up his claim of promotion, the learned Tribunal has grossly erred in allowing the Original Application. (3) wp4456-11 4. Nothing is placed on record either before the learned Maharashtra Administrative Tribunal or before this Court to establish that the respondent had voluntarily permanently given up his claim to the promotional post. In absence of such a material being placed on record, no error could be found with the findings recorded by the learned Maharashtra Administrative Tribunal. In the circumstances, the Writ Petition is dismissed. No order as to costs. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp4456-11