Shri. Rajesh Dattu Kamble And ORS v. The State Of Maharashtra, Dept Of Rural Development And ORS

906 4533-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4533 OF 2013 Rajesh Dattu Kamble & Ors.

..Petitioners v/s.

The State of Maharashtra & Ors.

..Respondents Mr. S.S.Pakale i/b. A.R.Belge for the Petitioner. Mr.S.J.Rairkar for the respondent nos.2 and 3. Mr.P.P.Kakade, AGP for the Respondent/State.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JULY 19, 2016.

P.C.

1.

Heard Mr. Pakale, learned Counsel for the petitioner and Mr. Rairkar, learned Counsel for the Zilla Parishad. The petitioners, though juniors were temporarily promoted to the post of Headmaster since the senior teachers could not produce Caste Validity Certificate. The order promoting the petitioners temporarily to the post of headmaster makes it clear that the promotion is temporary in nature, as a stop gap arrangement till the Caste Validity Certificate is pps

906 4533-13.doc produced by the teachers senior to the petitioners. Subsequently, the teachers senior to the petitioners have produced the Caste validity Certificate and therefore the petitioners were ordered to be reverted to the original post. This order was passed after affording an opportunity of hearing to the petitioners. The petitioners have no right to continue on the post of headmaster as they are juniors to the other teachers, and since the promotion order itself was temporary in nature as a stop gap arrangement. We are therefore not inclined to interfere in the petition, and the same is accordingly dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps