Ravindra Sukdev Ahire And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:19299-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8971 OF 2025 Ravindra Sukdev Ahire & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Thorat Mohanish V, for Petitioner.

 Mr. R. K. Ingole, AGP for Respondent.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 23rd JULY 2025.

ORAL ORDER : (PER - MANISH PITALE, J.) 1.

By this petition, the petitioners have raised diverse issues. They are seeking quashing and setting aside of a communication dated 25th April 2025, issued by the respondent No.2 - Deputy Director of Primary Education to the Education Officer (Primary). We are of the opinion that the said communication does not give any cause of action to the petitioners, for the reason that as per the said impugned communication, the Deputy Director of Education (Primary) has directed the Education Officer (Primary) to take into consideration all the relevant rules and regulations and thereupon take an appropriate decision with regard to the grievance of the petitioners. Such a communication cannot give rise to a cause of action to the petitioners.

2.

The other reliefs claimed in the present petition are in the nature of directions to the respondents to prepare seniority list afresh and in accordance with law and till such time the process of promotion to cluster head at Zilla Parishad, Nandurbar, be stayed. 3.

We find that the seniority list, in respect of the employees in the zone of consideration for promotion to the post of cluster head, was prepared on 20th September 2024. On 23rd September 2024, the petitioners filed a representation before the Education Officer (Primary) to reconsider the seniority list, by relying upon various documents, including Government Resolutions. It is an admitted position that the said representation has not been decided till date. 4.

In view of the above, we dispose of the writ petition by directing respondent No.4 - Education Officer (Primary), Zilla Parishad, Nandurbar, to decide expeditiously the said representation dated 23rd September 2024, along with the issue raised by the Deputy Director of Education (Primary) in the impugned communication dated 25th April 2025. The exercise of considering the direction issued in the impugned communication dated 25th April 2025, and also the representation of the petitioners dated 23rd September 2024, shall be

completed within a period of six weeks from today. 5.

Since this Court is issuing only a simple direction to the said respondent to carry out the aforesaid exercise, formal issuance of notice in this writ petition is not necessary. The period of six weeks will commence from the date on which this order is placed before the respondent No.4 - Education Officer (Primary). 6.

This Court has not expressed any opinion on the merits of the matter. The writ petition is disposed of. 7.

Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 24/07/2025 15:00:33