1 wp238-11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ------------------------------------------------------------------------------------------ ---------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.238/2011. Prakash Narsinghreddi Koyalwar Vs The State of Maha. & Ors. .... Mr.P.R.Katneshwarkar,Adv.for petr. Mr. G.R.Ingole Patil,AGP for R.1 to 3. .... CORAM : D.B.BHOSALE & A.V.NIRGUDE,JJ. DATE : 16/03/2011. 1] Heard learned counsel for the petitioner. 2] By this Writ Petition, the petitioner has impugned the order dated 7/12/2010 passed by the Maharashtra Administrative Tribunal, Aurangabad in Original Application No.999/2010, whereby the Original 2 wp238-11 Application has been dismissed. 3] In the Original Application, the petitioner made the following prayers : a] This Hon ble Tribunal may be pleased to direct the respondent to forthwith give all benefits including pay salary of the post of District Royalty Inspector from 10/10/1996 till the last of his working in the said post, with interest at the rate of 18% per annum from due date till actual realization. b] This Hon ble Tribunal may be pleased to direct the respondent Collector that, he should permit the applicant to work and serve as Minor Mineral Inspector for Nanded district as per order dated 10.10.1996 bearing no. 1996/Steno/Minor Minerals/49/96 passed by Additional Collector, Nanded approved by the Collector. 4] We have perused the impugned order, so also an appointment order of the petitioner, to which our 3 wp238-11 attention was specifically invited by learned counsel for the petitioner. Learned counsel for the petitioner vehemently submitted that the petitioner was appointed on the post of Inspector for Minor Mineral he being expert in identifying granites. 5] We have perused the order. The order does not show that he was appointed as expert. As a matter of fact, the order clearly shows that he was appointed only to supervise illegal excavation and transportation of minerals in Nanded District. The order further says that his appointment as Inspector for Minor Minerals will not effect or affect his pay or allowances, seniority and Head Quarters etc. The petitioner accepted the appointment in October 1996 in terms of the appointment letter and in 2010, he filed Original Application for the aforementioned prayers. The Tribunal has considered the very same submissions, which are advanced before this Court and dismissed the 4 wp238-11 Original Application for the reasons recorded in paragraph nos. 4 and 5. Paragraph nos. 4 and 5 read thus : 4] It appears that applicant was simply designated in different way. He was designated as Inspector Minor Mineral for Nanded District. He was not appointed or designated as District Royalty Inspector, which is admittedly a different and higher post. The prayer for salaries and allowances of the higher post cannot be entertained favourably, when applicant was not appointed on the said higher post. Although learned counsel says that the duties of the post of Inspector for Minor Minerals were more onerous duties than duties of only Clerk, applicant accepted the post with open eyes, obeyed the order dated 10.10.1996, which informed that there will not be any change in salary, seniority etc. 5] So far as prayer (b) is concerned, the 5 wp238-11 application indicates that applicant is suspended by an order dated 20.4.2009. Unless the suspension is successfully challenged, it is not possible to direct the respondents to allow the applicant to function as Inspector of Minor Minerals, the post held by him. Otherwise, also the order of suspension is appelable and unless alternate remedy is exhausted, applicant cannot approach this Tribunal for quashment of the suspension order. 5] We do not find any reason to take a different view in the matter than the one taken by the Tribunal. Hence Writ Petition is dismissed. [A.V.NIRGUDE] [D.B.BHOSALE] JUDGE JUDGE umg/wp238-11