Shri. Dashrath Gangaram Patil v. The State Of Maharashtra Through Its Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1584 OF 2017 Shri Dashrath Gangaram Patil ... Petitioner Vs

1. The State of Maharashtra & Ors.

... Respondents Mr. C.S. Joshi for the Petitioner.

Ms. Sushma S. Bhende, AGP, for the Respondent Nos.1 & 2 - State.

CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

THURSDAY, 09TH MARCH, 2017 P.C. :

The petitioner, 53 years of age, has approached this Court complaining that on account of the incorrect information provided by respondent Nos.3 and 4, the State Government, while preparing and drawing up the Seniority List, has not placed the petitioner properly. The petitioner complains that if the details taken from his service record had been duly forwarded and considered, his placement in the Seniority List would not be at the serial number at which it is presently appearing. SRP 1/3

After this writ petition was heard for some time, we enquired from the learned Assistant Government Pleader appearing for the State as to who prepares the Seniority List or finalises it. She concedes that it is the State through the concerned Department which would undertake and complete such process.

In the circumstances and not to cause any prejudice to the petitioner, we would permit the petitioner to avail of an opportunity and of demonstrating that his placement presently made is inaccurate, incorrect and contrary to the Rules and Regulations of seniority. The present writ petition, with all its annexures, be treated as the petitioner's representation against this Seniority List and drawn up by the State and such a representation of the petitioner be decided as expeditiously as possible and within a period of eight (8) weeks from the date of its receipt in the concerned Department. We keep open all contentions as raised in the writ petition. In the event they are not addressed, it will be open for the petitioner to question the entire exercise of all the respondents and of denial of any promotions etc.

SRP 2/3

The writ petition presently need not be entertained. It is disposed of with the above directions.

B.P. COLABAWALLA, J. S.C. DHARMADHIKARI, J. SRP 3/3