The Bombay High Court recently set aside an order allowing a clerk at the Maharashtra Jeevan Pradhikaran (MJP) to be promoted as a senior clerk.
A Single Bench of Justice M.S. Karnik was hearing a plea filed by the MJP challenging an order passed by the industrial court on October 12, 2009. The industrial court had set aside an earlier order passed by the MJP cancelling Rajeshwar Rane’s promotion as senior clerk and withholding the benefits of an Assured Career Progression (ACP).
Mr. Rane was appointed as junior clerk on February 16, 1981, in Thane. On completion of 12 years, he was given the benefits of ACP.
On March 15, 2000, he was promoted as senior clerk but was posted in Chiplun district, Ratnagiri. He was informed that he has to join there on or before March 28, 2000.
However, on April 3, 2000, he made a representation to the competent authority requesting that he be granted four months’ extension to join as his sons were studying in Dombivali and their annual exams were under way. He also said he was diabetic and suffered from high blood pressure.
‘No interest in joining’
On June 6, 2000, the MJP cancelled his promotion on the ground that he was not interested in joining at the place of posting. He was also told that he would not be entitled to the ACP. Mr. Rane moved the industrial court, which granted him relief. However, the MJP moved the High Court in 2010.
Justice Karnik held, “The industrial court has erred in proceeding on the footing that as nothing is placed on record to show that Mr. Rane has refused to accept the promotion, his claim to the post would survive. The record clearly indicates time and again that Mr. Rane was seeking extension of time to join the promotional post.”
The court said Mr. Rane only kept making applications for extension of time and did not join duty merely because there was no response to the request made for extension. This clearly shows that he was willing to join but on his terms and wanted accommodation at Thane or Vashi.
The order read, “The cancellation of the promotional order cannot be said to be unreasonable as not having joined the post for more than three months would obviously invite the consequence of cancelling the promotion”. It set aside the industrial court order.