Bombay High Court
Mrs. Varsha Vihang Asolkar vs Maharashtra State Electricity ... on 20 March, 2023
Author: Sandeep V. Marne
Bench: S.V. Gangapurwala, Sandeep V. Marne
k 1/3 34 wp 7207.22 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7207 OF 2022
Varsha Vihang Asolkar ....Petitioner
V/S
Maharashtra State Electricity
Transmission Co. Ltd. & Anr. ....Respondents
...
Mr. Vaibhav B. Dhage for the Petitioner.
Mr. Ashok T. Gade a/w Ms. Riya John and Mr. Navin Rathod for
Respondent No.4.
...
CORAM: S.V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATE : 20 MARCH 2023.
P.C.:
1 We have heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents.
2 The Petitioner challenges the advertisement wherein the Respondents have resorted to filling the post of Deputy General Manager (IT) by nomination.
3 The contention of the learned Counsel for the Petitioner is that if there are only two posts then both the posts are to be filled in by promotion departmentally. There were only two posts, one is filled in by promotion and the other post is vacant. The Respondents are not considering the Petitioner for the said post. The Petitioner is working as System Analyst. katkam 1/3 ::: Uploaded on - 24/03/2023 ::: Downloaded on - 24/03/2023 21:36:24 :::
k 2/3 34 wp 7207.22 as.doc 4 The contention of the learned Counsel for the Respondents is that
subsequently a Circular dated 30 August 2016 is issued wherein as a onetime measure it is decided to fill in the post of Deputy General Manager (IT) from open market, as there is no other Deputy Head (IT) working in MSETCL. In view of that the advertisement is issued for filling in the post from open market.
5 We have considered the Circular dated 30 August 2016, para 4 of the Circular needs to be considered. The same reads thus:
"4. The existing vacant post of Head System (IT) (Now revised Designation as Dy. G. M. (IT)) shall be, as a special case, filled in by resorting to the Departmental promotion from the existing Dy. Head (IT), if he fulfills the general criterion of promotion. The remaining one vacancy shall be filled in from open market, by resorting to the direct recruitment process as a onetime measure, as there is no other Dy.
Head (IT) working in MSETCL. However, thereafter, if any vacancy remains/ arises in the post of Dy. G. M. (IT) in future for whatsoever reason, it shall be filled in by way of Departmental Promotion from the System Analyst, as per the hierarchy and revised method of filling." 6 It is not disputed that after the said Circular, advertisement was issued for filling in the post by nomination from open market. No suitable candidate was found by the Respondents. Now fresh advertisement is again issued.
7 The Circular dated 30 August 2016 in para 4 clarifies that the existing vacant post of Head System (IT) [Now revised Designation as Deputy katkam 2/3 ::: Uploaded on - 24/03/2023 ::: Downloaded on - 24/03/2023 21:36:24 ::: k 3/3 34 wp 7207.22 as.doc General Manager (IT)] shall be, as a special case, filled in by resorting to the Departmental promotion from the existing Deputy Head (IT), if he fulfills the general criterion of promotion. The remaining one vacancy shall be filled in from open market, as a onetime measure, as there is no other Deputy Head (IT) working in MSETCL. The said para 4 further states that however, thereafter, if any vacancy remains/arises in the post of Dy G.M. (IT) in future for whatsoever reason, it shall be filled in by way of Departmental Promotion from the System Analyst, as per the hierarchy and revised method of filing.
8 After the Circular dated 30 August 2016 advertisement was issued for filing in the post of Deputy General Manager (IT) however no suitable candidate was available hence the vacancy remained unfilled. As the vacancy remains, according to the Petitioner, the post ought to be filled in by way of departmental promotion from System Analyst. The Petitioner is System Analyst.
9 The learned Counsel for the Respondent seeks time. Stand over to 27 March 2023.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) katkam 3/3 ::: Uploaded on - 24/03/2023 ::: Downloaded on - 24/03/2023 21:36:24 :::