High Court Rules in Favor of Petitioner for Deemed Promotion Date: “Application Not Barred by Limitation”
In a landmark judgment dated March 26, 2024, the Bombay High Court, Nagpur Bench, has overruled the Maharashtra Administrative Tribunal’s decision in the case of Vishnupanth Vs. State of Maharashtra and Others. The Division Bench, comprising Justices Nitin W. Sambre and Abhay J. Mantri, decreed that the petitioner is rightfully entitled to a deemed date of promotion from the time he passed his professional examination.
The petitioner, who initially served as a Muster Clerk and then as a Sub-Overseer following his diploma in Civil Engineering, had approached the Tribunal seeking recognition of his promotion date from the moment he cleared his professional exam in 1986. However, the Tribunal dismissed his application, citing it was “hopelessly barred by limitation” and misinterpreting relevant Government Resolutions.
Justice Abhay J. Mantri, delivering the judgment, asserted, “The Tribunal erred in dealing with the question of limitation suo motu.” The High Court recognized that the cause of action for filing the application is continuous and therefore, not bound by the standard limitations. The Court also noted that the Tribunal had made a mistake in misreading the clauses of the Government Resolutions, leading to an incorrect conclusion.
The case drew comparisons with the precedent set in Writ Petition No.1683/2021, where the Coordinate Bench had dealt with similar issues of limitation and deemed dates of promotion for Junior Engineers. Upholding the principles from this previous judgment, the High Court directed the respondents to acknowledge the petitioner’s deemed promotion date as either 18-03-1986 or 13-02-1986, aligning with his exam success, along with subsequent pensionary benefits.
This decision has significant implications for government employees seeking recognition of their professional qualifications in terms of seniority and promotion dates. The ruling underscores the High Court’s commitment to ensuring fair interpretation of service rules and resolutions, while also addressing the nuances of cases that involve continuous causes of action.
Date of Decided : 26-03-2024
VISHNUPANTH Vs. STATE OF MAHARASHTRA AND OTHERS
