Bombay High CourtWP/4093/2024disposed off

Ravindra S/O. Dhanlal Pardhi And Others v. State Of Maha., Thr. Secretary, School Education And Sports Dept., Mumbai And ORS.

2026-04-15Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4093/2024 Ravindra Dhanlal Pardhi & others ..versus..

State of Maharashtra & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri S.A. Walde, Advocate for the Petitioner(s) Shri H.D. Futane, AGP for the Respondent/State Ms. M. Munshi, Advocate for the Respondent Nos. 4 & 5 Ms. V. Khadekar, Advocate for the Respondent Nos. 6-21 CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. APRIL 15, .

Heard learned Counsel for the respective parties. (2) The Respondents drew our attention to Rule 14 of the Maharashtra Zilla Parishads District Services (Discipline & Appeal) Rules, 1964 wherein remedy is provided to the Petitioners to file Appeal before the Divisional Commissioner.

(3) Rule 14 of the said Rules of 1964 prescribes that a Parishad servant may appeal against an order to the Commissioner of Division, if the order is passed by the Chief Executive Officer and to the Chief Executive Officer, if the order is passed by any Authority subordinate to the Chief Executive Officer.

(4) By the present Writ Petition, the Petitioners are seeking quashing and setting aside the communication dated 24/05/2024 issued by the Respondent No. 1, so also the communication dated 11/06/2024 issued ..

A ..

31wp4093.24 31wp4093.24 by the Respondent No. 2 to the Respondent No. 4 - Zilla Parishad, Gondia and challenging the seniority list as published on 30/06/2024 by the Respondent Nos. 4 and 5.

(5) If there is any dispute in the inter-se seniority, the appropriate Authority who has published the seniority list is the Chief Executive Officer and Appeal is provided under Rule 14 to the Divisional Commissioner.

(6) In view thereof, the Petitioners are granted liberty to file Appeal before the Divisional Commissioner within a period of two weeks. The Divisional Commissioner shall consider the delay in filing the Appeal, as the matter was pending before this Court and the Petitioners were pursuing the matter under the bonafide belief that the Petition lies against the said publication of the seniority list. (7) So far as the contention of the Petitioners that the Government Resolutions were not followed, the Divisional Commissioner is hereby directed to consider the same while deciding the Appeal, if filed by the Petitioners.

(8) With the above directions, the Writ Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of. (NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.) ..

A ..