Ramesh Talewar S/O Bhagwantrao Talewar v. State Of Mah., Through The Secretary, Dept. Of Water Supply And Sanitation, Mumbai And 3 Others

1 wp624.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.624 OF 2015 [Ramesh Talewar s/o Bhagwantrao Talewar .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.L. Bajaj, Advocate for the petitioner, Shri N.S. Rao, A.G.P. for respondent nos.1 and 2, Shri M.V. Mohokar, Advocate for respondent no.4. ..........

CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : MARCH 08, 2016.

Heard for sometime.

We have perused the representations made by the petitioner on 10.11.2014 and 16.12.2014. The petitioners, in those representations, seek affiliation of their department in Zilla Parishad with Water Supply and Conservation Department of the State Government. The petitioners, in view of this demand, also seek preparation of common seniority list. The submission is, post of Deputy Engineer (Mechanical) available with State Government need to be filled in by promoting employee like petitioner working with various Zilla Parishads and hence common seniority list must be prepared.

Respondent nos.1 to 3 have filed reply-affidavit. However, the reply-affidavit is sworn by one Milind Chandragade, who works as Executive Engineer with Zilla Parishad, Chandrapur.

Shri Bajaj, learned counsel sought the reply of

2 wp624.15.odt Zilla Parishad i.e. respondent no.4.

Shri Mohokar, learned counsel for respondent no.4, has tendered a separate reply.

Perusal of reply filed by State Government reveals that employee like the petitioner working with establishment entrusted with the work of repairs of handpumps and electric pumps, were to be considered for promotion to the post of Deputy Engineer (Mechanical) as per earlier policy decision on 28.4.2014. However, on 6.10.2015, State Government has deleted these words and, therefore, eliminated the petitioner from the zone of consideration.

The present petition has been filed on 5.1.2015 and the amendment is coming thereafter. Various questions of fact and law arise. Effort of Government is to urge that cadre of petitioner is not borne on establishment of even Zilla Parishad. We grant the petitioner leave to make appropriate representation pointing out all his grievances. Representation shall be addressed to respondent no.1 through respondent no.3. If such representation is made within two weeks from today, the same shall be looked into in accordance with law within next six weeks. If necessary, opportunity of hearing shall be extended to the petitioner. Keeping all contentions open and with this direction, we dispose of this writ petition. No costs. JUDGE JUDGE Gulande