Vyankatesh Kerba Gadade v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.6421 OF 2015 Vyankatesh S/o Kerba Gadade, ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

WITH WRIT PETITION NO.6436 OF 2015 Radhakrushna S/o Sopan Kamble ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

Mr.S.R.Kedar, advocate for the petitioners.

Mr.G.K.Naik Thigle, Addl. Govt. Pleader, Mr.D.B.Bhange, Asstt. Govt. Pleader for the State.

Mr.S.S.Dambe, advocate for Respondent Nos.2 and 3 in W.P.No.6421/15 and for Respondent Nos.2 to 4 in W.P.No.6436/15.

...

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

Date : 29.06.2015.

PER COURT :

1.

Mr. Kedar, the learned counsel for the petitioners states that the petitioners are reverted by the impugned order. 2.

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 instant 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.

5.

Parties to act on authenticated copy of this order. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp6421.15