Aparna Ajit Bhojane And ORS. v. The Municipal Corporation And ORS.

8.wp.2720.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2720 OF 2015 Aparna Bhojane & Ors.

.. Petitioners Vs.

Thane Municipal Corporation & Ors.

.. Respondents Mr.H.M. Inamdar for petitioners.

Mr.Mandar Limaye for respondents.

CORAM : ANOOP V. MOHTA, K.R.SHRIRAM, JJ.

DATE : 27TH MARCH, 2015 P.C.

Rule made returnable forthwith and heard finally. The counsel for the petitioner submitted that though the orders/directions passed by this Court in Writ Petition No.10239 of 2013 dated 27th January 2015 whereby the Education Officer was directed to decide the issue of inter se seniority between the five teachers afresh in accordance with law, no such hearing was given. However, the seniority is finalized. The learned counsel appearing for respondent nos.1 and 2, on instructions, unable to justify this act and conceded that hearing is necessary in view of the order so passed by this Court. Therefore, keeping all points open, we are directing once again the Education Officer to decide the issue Shraddha Talekar PA 1/2

8.wp.2720.2015.doc of inter se seniority after giving opportunity of hearing in accordance with law.

The petitioners to appear before the Education Officer on 13th April 2015 so that appropriate directions be passed after giving an opportunity of hearing to the parties.

The Education Officer to decide the issue of seniority within four weeks from the date of appearance of the parties before the Education Officer.

The rule and petition accordingly disposed of. No costs. (K.R. SHRIRAM, J.) (ANOOP V MOHTA, J.) Shraddha Talekar PA 2/2