Vidya Shivanand Bhangre And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO. 5355 OF 2018 VIDYA SHIVANAND BHANGRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Shinde Abasaheb D. AGP for Respondents 1 and 2 : Mr. S.G.Karlekar Adv. For respondent no.3 : Mr. Shelke ---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : JUNE 7, 2018 O R D E R :

Mr. Shinde, learned counsel for the petitioners states that the seniority list has not been properly maintained by respondent no.4 The petitioners are seniors. Their seniority has to be counted from the date of their appointment or attaining qualification, however, the seniority is being considered from the date on which approval is granted for transfer. Same is erroneous. 2.

Mr. Shelke, learned counsel for respondent no.3 submits that the petitioners have remedy under Rule 12 of the M.E.P.S. Rules to assail seniority list.

wp5355.18 3.

Considering the above, we are not inclined to entertain the petition on merits. The petitioners are at liberty to raise objection under Rule 12 of the M.E.P.S. Rules before the concerned Education Officer. Needless to state, on receipt of the objection, the Education Officer shall decide the said objection, on its own merits, in accordance with law, after hearing all parties, expeditiously, preferably within six months from the date of receipt of the objection.

4.

Writ Petition is disposed of. No costs.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm