Vidya Vijaykumar Dhobale v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9644 OF 2016 Vidya Vijaykumar Dhobale Petitioner

Versus

State of Maharashtra & others Respondents Mr.B.R.Waramaa, advocate for the petitioner Mr.V.M.Kagane, A.G.P. for Respondents No.1 & 2. Mr.S.S.Patil, advocate for Respondents No.3 & 4. CORAM : R.M.BORDE & K.K.SONAWANE, JJ.

DATE : 17th October, 2014 PER COURT:

The petitioner is objecting to the order declaring her surplus employee. According to the petitioner, she is senior employee and juniors have been retained in service. The petitioner has raised objection as regards her placement in the seniority list. However, the Education Officer, without extending an opportunity of hearing to the petitioner, has proceeded to pass the order. The petitioner has tendered an application to the Education Officer on 12.09.2016 urging him to extend an opportunity of hearing to her and decide the issue.

Considering disputed questions raised by the parties, it is desirable that the Education Officer shall extend an opportunity of hearing to the petitioner and then proceed to decide the issue concerning seniority of the petitioner.

{2} wp964416.odt Writ Petition stands disposed of with a direction to the Respondent - Education Officer to take decision on the application tendered by the petitioner on 12.09.2016, after extending an opportunity of hearing to the petitioner and in accordance with provisions of law, as expeditiously as possible and preferably within four weeks from today; and it is accordingly directed. In the meanwhile, status quo, as on today, shall be maintained. K.K.SONAWANE R.M.BORDE JUDGE JUDGE adb/wp964416