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Bombay High CourtWP/3538/2021disposedoff

Vandana Laxmanrao Bhele And Others v. The State Of Maharashtra Thr. Its Secretary For Rural Development Dept. Mumbai

2022-03-21Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

36.WP3538.21.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.3538/2021 Vandana Laxmanrao Bhele and others Vs.

The State of Maharashtra through its Secretary for Rural Development Deptt. and others.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri A.B.Patil, Advocate for petitioners.

Ms H. N. Jaipurkar, Assistant Government Pleader for respondents. Shri A.M.Tirukh, Advocate for intervenors.

CORAM :- A.S.CHANDURKAR AND SMT. M.S.JAWALKAR, JJ.

DATE :- MARCH 21, 2022.

The petitioners are Agriculture Officers, Group C (Technical) serving with the Zilla Parishad. In this writ petition they have challenged the communication dated 13.07.2021 thereby deferring the matter of transfer and promotion of the petitioners. During the pendency of the proceedings, the respondent no.1 has issued a communication dated 27.01.2022 thereby revoking the Government communications dated 05.07.2021 and 13.07.2021. Since there was a reference to a subsequent communication dated 10.11.2021, by the order dated 03.03.2022 the learned Assistant Government Pleader was directed to obtain clarification in that regard. By filing an additional affidavit, the respondent no.1 has clarified that even the Government communication dated 10.11.2021 has been cancelled by virtue of the communication dated 27.01.2022.

In view of these developments, the only prayer that deserves for consideration is a direction to be issued to the respondent no.1 to consider the claim of the petitioners for promotion to Group B posts alongwith other Group C officers of different cadres. Civil Application (W) No.1630/2021 seeking intervention has been filed by the applicants who belonging to Group C officers from the cadre of 'Panchayat'.

36.WP3538.21.odt 2 Accordingly the writ petition is disposed of by directing the respondent no.1 to consider the claim of the petitioners including all eligible Group C Officers of different cadres to Group B on their own merits and in accordance with the relevant rules. The same be done within a period three months from the production of copy of this order before the respondent no.1.

With these directions, Writ Petition NO.3538/2021 and Civil Application (W) No.1630/2021 stand disposed of. No costs. (SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 22.03.2022 10:52