Sunil Madhukar Gaikwad vs Surendra Jangluji Meshram on 6 July, 2011

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY 




                                                                                      
                      NAGPUR BENCH, NAGPUR.




                                                             
                       WRIT PETITION NO.2091 OF 2006


    Sunil Madhukar Gaikwad
    Aged about 31 years,




                                                            
    Occupation Service,
    R/o C/o Shri M.G.Somalwar, 
    101, East High Court Road, 
    Ramdaspeth, Nagpur.                                         .......... Petitioner.




                                                
                              ig         VERSUS

    1)  Surendra Jangluji Meshram
    R/o Marwadiwadi, Plot No.5,
                            
    Santinagar, Nagpur.

    2)  Somalwar Academic Education Society
    Ramdaspeth, Nagpur,
      

    Through its Secretary.
   



    3)  Somalwar High School & Junior 
    College, Ramdaspeth, 
    Nagpur, Through its Principal.





    4)  The Regional Deputy Director 
    of Vocational Education & 
    Training, Link Road, Sadar, Nagpur.

    5)  The Education Officer





    (Secondary), Zilla Parishad, Nagpur.             .......... Respondents.


                 Shri P.P.Thakre, Counsel for the Petitioner.
                 Shri M.P.Lala, Counsel for the Respondent no.1
                 Shri Tejas Patil, Advocate h/f Shri Anand Parchure, 
                 Counsel for the Respondent nos.2 and 3.
                 Smt.I.L.Bodade, AGP for Respondent nos.4 and 5

                                                                                   .....2/-




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                                CORAM  : R. K.DESHPANDE, J. 

                                DATE     : 06th JULY, 2011.




                                                            
    01)            This petition challenges the judgment and order dated 

17.3.2006 passed by the School Tribunal, Nagpur in Appeal

No.STN/15/2004 filed by the respondent no.1. The appeal has
been allowed and the respondent-Management has been directed to
promote the respondent no.1 to the post of “Laboratory Attendant”

by quashing and setting aside the promotion of the petitioner to the

said post. The question is whether the respondent no.1 can claim
right of promotion to the post of “Laboratory Attendant”. It is not in

dispute that in view of the decision of the Full Bench reported in
Tanaji Madhukar Barbade Vs. State of Maharashtra and others,
2010(6) Mh.L.J. 901, the post of “Laboratory Attendant” in

question, cannot be considered to be promotional post and hence,
the appeal before the School Tribunal itself, was not maintainable.

02) In view of above, the judgment and order passed on

17.3.2006 in Appeal No.STN/15/2004, cannot be sustained, the
same is, therefore, quashed and set aside. The Appeal
No.STN/15/2004 filed by the respondents, is dismissed. No order
as to costs.

JUDGE

BrWankhede

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