Shri Vivek Hariprasad Pande And 2 Others v. State Of Maharashtra Through Its Secretary, Department Of General Administration,Mumbai And 2 Other

1 wp1534.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1534 OF 2015 [Vivek Hariprasad Pande and others .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 P.N. Shende, counsel for the petitioners, Shri D.B. Patel, AGP for the respondents.

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CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATED : SEPTEMBER 11, 2015.

By this petition, the petitioners have sought a direction to the respondents to restore the seniority list, dated 30.6.2009 and to effect the seniority, as per the seniority list of the year 2009 by ignoring the Government Resolution, dated 24.8.1976.

A preliminary objection is raised by the learned Assistant Government Pleader to the tenability of the writ petition. It is stated that since the petitioners are in government service and the matter relates to the promotion and the fixation of their seniority, the petitioners would be required to file an Original Application before the Maharashtra Administrative Tribunal.

By upholding the preliminary objection raised on behalf of the respondents, we refuse to entertain the writ petition, in view of the existence of an alternate efficacious remedy. The writ petition is disposed of, with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Gulande