Mahendra S/O Shivcharan Motghare And Others v. State Of Maharashtra, Thr. Secretary, School Education And Sports Deptt., Mumbai And Others

Order 010217wp628.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 628/2017.

Mahendra Shivcharan Motghare and others.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : FEBRUARY 01, 2017.

Heard Shri N.D. Thombre, learned Counsel for the petitioners and Shri P.S. Tembhare, learned A.G.P. for respondent nos. 1 and 2.

2.

Learned A.G.P. points out that this Court has till date not issued notice in the matter and hence, he has no instructions on facts. However, according to him, there is no cause of action.

3.

According to learned counsel for petitioners, in view of recruitment rules of the cadre of extension officer as amended in 2013, posts of petitioners do not figure and hence, respondents need to take suitable decision on their fate and service

Order 010217wp628.17 conditions. He submits that nobody has been promoted as extension officer Grade-II.

4.

After hearing respective counsel, we find that pleadings are deficient and petitioners have not pointed out any vacancies in promotional cadre or then has not pointed any promotion actually effected by respondent no.3. Merely because rules are amended, no cause of action accrues.

5.

However, in this situation, we grant petitioners liberty to make appropriate representation to respondents raising all their contentions. If such representation is made within a period of three weeks from today, respondents shall consider it in accordance with law, within next 12 weeks.

6.

Keeping all rival contentions open and with liberty to petitioners to approach again, if any adverse action is taken in the matter in the meanwhile, we dispose of the petition. No costs.

JUDGE JUDGE Rgd.