Shri Uddhao Bapurao Upare v. The Education Officer (Secondary) Zilla Parishad, Chandrapur And Others

2401wp4221.16 & 1207.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4221 OF 2016 (Shri Uddhao Bapurao Upare vs. The Education Officer (Secondary) and others) WITH WRIT PETITION NO. 1207 OF 2015 (Ramdas s/o Govindrao Giratkar vs. State 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.

Writ Petition No.4221/2016 Ms. K. Satpute, Advocate for petitioner.

Ms. A.R. Kulkarni, Assistant Government Pleader for respondent no.1.

Ms. J. Mahajan, Advocate for respondent no.2. Shri N. Phadnis, Advocate for respondent no.3. Writ Petition No.1207/2015 Shri N. Phadnis, Advocate for petitioner.

Ms. A.R. Kulkarni, Assistant Government Pleader for respondent nos.1 to 3.

Ms. J. Mahajan, Advocate for respondent no.4. -------- CORAM : B.P. DHARMADHIKARI AND MRS. SWAPNA JOSHI, JJ.

DATED : JANUARY 24, 2018 Petitioners in both these petitions claim seniority over each other.

2) We need not dilate on facts and controversy as on 14/11/2017 Government Resolution has been taken out. The respective contentions need to be evaluated in the backdrop of said Government Resolution.

3) Adv. Satpute has submitted that she does not have any instructions on the said Government Resolution. Ms. Kulkarni, learned Assistant Government

2401wp4221.16 & 1207.15 2/2 Pleader is also seeking time to verify the same. 4) Petitioner in Writ Petition No. 4221/2016 is protected by this Court on 1/8/2016. This Court on that date while issuing notice directed parties to maintain status quo.

5) We find that relevance of the said Government Resolution can be looked into by respondent no.1 Education Officer. If there is any other Government Resolution, same can also be pressed into service before him by the parties.

6) We, therefore, direct parties to appear before respondent no.1 Education Officer on 12/2/2018 and to abide by his further instructions in the matter. Respondent no.1 shall after considering the said Government Resolution and judgments delivered by this Court, determine the standing in seniority of respective parties within next six weeks. Interim order granted by this Court on 1/8/2016 shall continue till then and shall be subject to it.

7) With above directions, we dispose of both writ petitions. No costs.

JUDGE JUDGE khj