Shankar Baburao Kolte v. The State Of Maharashtra And Others

11-wp-7059-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION. 7059 OF 2020 Shankar S/o Baburao Kolte and others ... Petitioners.

Versus

The State of Maharashtra and another ... Respondents.

....

Mr. Avinash S. Khedkar, Advocate for the Petitioners. Mr. S.G. Karlekar, A..G.P. for Respondent Nos. 1 and 2. Mr. Avinash Aghav, Advocate for Respondent No.3. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 23rd OCTOBER, 2020 PER COURT:- 1.

The learned counsel for the petitioners and the learned counsel for respondent No.3 are ad idem that the present petitioners are similarly situated as the petitioners in writ petition No.4371 of 2018 and connected writ petitions decided under the judgment dated 02.04.2019. The learned counsel further submits that the same order be passed in the present writ petition.

11-wp-7059-20 2.

For the reasons recorded under judgment dated 02.04.2019 in writ petition No.4371 of 2018 with connected writ petitions, the present writ petition is also disposed with the following order: 3.

It is submitted that the petitioners are already reverted. They may be accommodated on ad-hoc basis on the 30% posts to be filled in by Limited Departmental Competitive Examination. Of course, on ad-hoc basis only. That would not create vested right in them. They can also participate in the Limited Departmental Competitive Examination, as naturally they were seniors to the others when they were promoted and if they can be accommodated on the 30% posts to be filled in by regular promotion according to their seniority, they may be considered for promotion to the 30% posts to be filled in by regular promotion. The same shall be done by the concerned Zilla Parishads within 15 days from today. While considering 40:30:30 ration, sub-clause 4 of 7(B) shall also be adhered to. 4.

Writ Petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane