← Library
Bombay High CourtWP/4787/2015dismissedrule discharged

Dhansingh S/O Totaram Bibe v. State Of Maharashtra Through Its Secty, Deptt. Of Village Development And Panchayat Raj And Others

2015-08-25Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema1 pages

WP4787-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4787/2015 (DHANSINGH TOTARAM BIBE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Bhuyar, counsel for the petitioner. Shri D.M. Kale, A.G.P. for the R-1.

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

DATE : AUGUST 25 , 2015.

By this petition, the petitioner challenges the list displayed by the Panchayat Samiti in which the names of the persons, who fall within the zone of consideration for promotion, are mentioned.

The learned Assistant Government Pleader raises a preliminary objection to the tenability of the writ petition and states that the petition is premature as the petitioner is only challenging the list in which the names of the persons, who fall within the zone of consideration, are mentioned. It is stated that if the petitioner has any grievance, the petitioner is entitled to raise the same before the Chief Executive Officer of the Zilla Parishad. We uphold the preliminary objection raised by the learned Assistant Government Pleader and decline to entertain the writ petition. The petition is premature. Even after the promotions are granted, the petitioner would be entitled to challenge the promotions under Section 14 of the Maharashtra Zilla Parishad District Service (Discipline and Appeal) Rules, 1964 and not by a writ petition.

In the result, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE APTE