Sunil Madhukar Gaikwad vs Surendra Jangluji Meshram and Others

Deshpande R.K., J.—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)1,2010(6) Bom. C.R. 497(F.B.) : 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. 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.