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Bombay High CourtWP/13455/2018disposed offdismissed for default

Ganesh Bhaskarrao Patil v. The State Of Maharashtra And Others

2018-12-05Hon'Ble Shri Justice Nitin Jamdar2 pages

Madkar 1 W.P. No. 13455/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

924. WRIT PETITION No. 13455 OF 2018 Ganesh Bhaskarrao Patil ... Petitioner

Versus

The State of Maharashtra and others ...

Respondents Mr. S.B. Sontakke, Advocate for petitioner Coram : N.M. Jamdar, J.

Date : 5 December 2018.

ORAL ORDER :

1.

By this petition, the petitioner has sought to raise a grievance regarding placement in the seniority list on the promotional post.

2.

The petitioner had filed a Zilla Parishad Employee Appeal No. 158 of 2017 before the Additional Commissioner, Nashik, seeking his promotion from the category of physically challenged. The appeal was allowed by the Additional Commissioner by order dated 26 February 2018 and the respondent No.2-Chief Executive Officer, Zilla Parishad, Jalgaon, was directed to take a decision within a period of four months.

Madkar 2 W.P. No. 13455/2018 3.

The learned Counsel for the petitioner states that this order has been complied with and the petitioner stands promoted. The learned Counsel for the petitioner submitted that, however, while granting such a promotion, the petitioner's seniority has not been taken into consideration and, in fact, it is observed so by the Commissioner that juniors have been placed above the petitioner. 4.

Therefore, what the petitioner seeks to agitate by way of this petition is a dispute as regards seniority. Such a dispute cannot be considered in the present proceedings. For the grievance that is now made, the petitioner will have to take out a separate proceedings. 5.

With these observations, the writ petition is disposed of. N.M. Jamdar, J.