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Bombay High CourtWP/5516/2015disposed offdismissed for default

Siddheshwar Bapurao Mate v. The State Of Maharashtra And Others

2015-06-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5471 OF 2015 WITH CIVIL APPLICATION NO. 6635 OF 2015 SHIVAJI EKNATH ANDIT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 5515 OF 2015 WITH CIVIL APPLICATION NO. 6633 OF 2015 RAMCHANDRA APPASAHEB SULE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 5516 OF 2015 WITH CIVIL APPLICATION NO. 6637 OF 2015 SIDDHESHWAR BAPURAO MATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for the petitioners/applicant: Mr. P.R. Patil h/f Mr. S.R. Kedar AGP for respondent No.1:Mr. K.G. Patil (in writ petition No. 5471 of 2015) AGP for respondent No.1:Mr. G.K. Naik-Thigle (in writ petition No. 5515 and 5516 of 2015) Advocate for respondent Nos. 2 to 4: Mr. S.S. Dambe .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 26th JUNE, 2015 P.C. :- 1.

Mr. Patil, the learned counsel for the petitioners states that the petitioners are reverted by the impugned order.

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Mr. Dambe, the learned counsel for the respondents state that in the seniority list, there were other persons above the petitioners and the order is rightly passed. The learned counsel further submits that the petitioners have alternate remedy of appeal under Rule 14 of the Maharashtra Zilla Parishad and Panchayat Samiti (Discipline and Appeal) Rules.

3.

Mr. Dambe, learned counsel for the Zilla Parishad further states that even as per the order of reversion, the petitioners as on today are working on the post on which they were promoted i.e. Junior Extension Officers.

4.

In the light of above, we pass the following order:-

O R D E R

I.

The writ petitions are disposed of with liberty to the petitioners to avail alternate remedy as provided under Rule 14 of the Maharashtra Zilla Parishad and Panchayat Samiti (Discipline and Appeal) Rules. The impugned order dated 12.6.2015 to the extent of the petitioners would not be implemented for further period of 15 days from today so as to enable the petitioners to file appeal. Needless to state that on lapse of 15 days period the protection granted vide

-3instant order shall come to an end.

II.

It is made clear that we have not considered the merits of the contention of either of the party and the same are kept open. The authority where the appeal is filed, shall consider the time spent in prosecuting the present writ petitions.

III.

Writ petitions stand accordingly disposed of. No costs. IV.

In view of disposal of writ petitions, pending civil applications also stand disposed of.

5.

Parties to act on authenticated copy of this order. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/