Narendrakumar Bhaiyyalal Patle v. The Divisional Chairman And Secretary/ Grievance Redressal Committee, Nagpur And ORS.

2024:BHC-NAG:11059-DB 913wp5810.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5810 OF 2024 Narendrakumar Bhaiyyalal Patle ...

Petitioner - Versus - The Divisional Chairman and Secretary/ Grievance Redressal Committee and others ... Respondents Mr. P.N. Shende, Advocate for the petitioner. Mr. S.M. Ghodeswar, AGP for respondent nos.1 and 2. CORAM : BHARATI DANGRE & ABHAY J. MANTRI, JJ.

DATE : OCTOBER 01, 2024.

P.C. :

The petitioner, Junior College Lecturer, who is appointed in the year 2007 in respondent no.3-Junior College, was declared surplus on account of deduction of strength of students and he came to be absorbed in LAD College, Nagpur on 12.01.2024. 2.

The grievance of the petitioner is, at the time of his absorption in the college in Nagpur, there was already a vacancy in

913wp5810.24 Subhash Junior College, Mundikota, Tahsil and District-Gondia, for subjects of English and Economics (Open Category). 3.

After his absorption, the petitioner made a representation to the Divisional Joint Director of Education, Nagpur, by relying upon the Government Resolution dated 19.07.2014, which directs that while absorbing the teachers, the absorption should take place at Taluka level, then at District level and, thereafter, outside the district, where a candidate is declared surplus. 4.

If there was a vacancy in Gondia, we see no difficulty as to why the petitioner could not have been absorbed there and we expect the Deputy Director of Education to whom the representation has been preferred by the petitioner, which is received by the office on 26.04.2024, to take a decision on this representation within a period of four weeks from today.

5.

We expect the Deputy Director of Education to consider the representation in a positive manner, if the post in Gondia, as claimed by the petitioner, is vacant.

6.

With these directions, the writ petition is disposed of. (ABHAY J. MANTRI, J.) (BHARATI DANGRE, J.) Gulande