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Maharashtra on 6 May 1983. Both the appellant and the first respondent were selected for the post of Town Planner on 1 July 1992, in the course of a process initiated by the Maharashtra Public Service Commission 1. The appellant was promoted as Deputy Director of Town Planning 2 on 1 November 2003, by a nomination through the MPSC. The first respondent was promoted as DDTP on 3 August 2006.

6 In the promotional cadre of Joint Director of Town Planning 3, there were two posts, one for open category candidates and the second for reservation on roster points. On 7 January 2011, the post of JDTP was vacant for a Scheduled Tribe candidate under the roster. However, relying upon a circular dated 27 October 2008 of the General Administration Department 4, the name of the first respondent was recommended on 7 January 2011. Though the first respondent belongs to a Scheduled Caste, he was promoted on an ad-hoc basis to the post of JDTP on 11 August 2011. On 2 July 2013, by virtue of a Government 1 MPSC 2 DDTP 3 JDTP 4 GAD Resolution5 dated 29 December 2012, the cadre strength of JDTP was enhanced to eight posts, of which five posts were meant for the open category while three posts were reserved. On 2 July 2013, the appellant was promoted to the post of JDTP.

(iv) 15 January 2016 A circular was issued for final seniority list of JDTPs as on 1 January 2015 on the basis of “date of regular appointment/ regularized date of promotion”;

(v) 8 March 2016 In response to a query under the Right to Information Act 2005, the appellant was informed that the promotion of the first respondent would be regularized with the concurrence of GAD and with the approval of the MPSC in future; and

(vi) 30 April 2016 The incumbent in the post of Director of Town Planning 6 was due to retire upon which the post would fall vacant.