Jadoram Chhoteram Sharma v. State Of Maharashta, The Secretary, Education Dept (Primary) And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2699 OF 2012 Jadoram Chhoteram Sharma ...

Petitioner V/s.

State of Maharashtra & ors.

...

Respondents Mr. Mahindra Deshmukh for the petitioner.

Mr. P.P. Kakade, AGP for the State.

CORAM :

NARESH H. PATIL AND A.A. SAYED, JJ.

16th February, 2016.

P.C.

Heard learned Counsel for the parties.

2.

The petitioner's grievance is that he should have been promoted as Head Master in the year 2006 itself by respondents 4 and 5. The petitioner made representations for the said purpose which are annexed to this petition. It is submitted by the learned Counsel that petitioner was apprehending adverse action against him, therefore, he did not approach this Court but at one point of time some enquiry was conducted and committee was of the view that petitioner ought to have been promoted. 3.

It is an admitted position that the petitioner retired in the year 2009. This petition was filed in the year 2012.

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We find that there is a delay on the part of the petitioner to approach this Court for redressal of his grievance. However, if the petitioner is of the view that based on some enquiry conducted, the petitioner still has a cause of action, petitioner may resort to alternate remedy as permissible in law.

5.

In the facts of the case, we are not inclined to interfere under extraordinary writ jurisdiction of this Court. Keeping all issues on merits open, writ petition is disposed of.

(A.A. SAYED, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.