Swapnil Ashokrao Fulmali v. The Zilla Parishad, Yavatmal, Thr. Its Chief Executive Officer And Others
2026:BHC-NAG:3487-DB 911 wp 1833-2026.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1833 OF 2026 Swapnil Ashokrao Fulmali, Age : 40 years, Occ: Head Master, R/o. C/o Zilla Parishad School Karli Tq and Dist. Yavatmal ...PETITIONER
VERSUS
1.
The Zilla Parishad Yavatmal, through its Chief Executive Officer 2.
The Education Officer Zilha Parishad Yavatmal 3.
Pravin Jagannath Chipulwar Age : 42, Occu : Cluster Head R/o. C/o Zilla Parishad Central School Talegaon Ta and Dist. Yavatmal ...RESPONDENTS --------------------------------------------------------------------------------------------- Shri P.A. Khisrsagar, Advocate for petitioners Shri V.M. Kulsunge, Advocate for respondent Nos. 1 and 2 --------------------------------------------------------------------------------------------
CORAM
:
SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.
DATE :
27.02 .2026 ORAL JUDGMENT (PER :
NANDESH S. DESHPANDE, JJ.
) Issue notice to the respondents.
911 wp 1833-2026.odt 2/4 2.
Learned Counsel Shri Fulsunge waives notice for respondent Nos. 1 & 2.
3.
In view of the order we are proposing to pass we do not think it necessary to call for the reply.
4.
Rule. Rule is made returnable forthwith. Heard finally by the consent of the parties.
5.
On 03.02.2007, the petitioner was appointed as an Assistant Teacher in Zilla Parishad, Yavatmal and on 06.05.2017 he was promoted to the post of Graduate Teacher. Thereafter, on 15.05.2020 he was promoted on the post of Headmaster. As can be seen from the petition that on 18.07.2025, Government issued a notification declaring fresh criteria for the promotion on the post of Cluster Head. For that purpose, six years working on a post of Graduate Teacher was necessary. The Zilla Parishad, i.e., the respondent herein, published a seniority list for the promotion on the post of Cluster Head on 18.08.2025, in which the name of the petitioner is at Sr. No.8 and the name of respondent No.3 is at Sr. No.9. Thereafter, on 29.08.2025, respondent, Zilla Parishad,
911 wp 1833-2026.odt 3/4 published a final seniority list of teachers for promotion on the post of Cluster Head. But in the said list, name of the petitioner was not included for the reason that he has not completed six years service on the post of Graduate Teachers. The State Government vide Government Resolution dated 29.08.2025, clarified that while calculating the six years period on the post of Graduate Teachers, working on the post of Headmaster is also required to be taken into consideration.
6.
Therefore, on the same date, the petitioner made a representation before the Zilla Parishad and requested to grant promotion on the post of Cluster Head. However, the petitioner contends that instead of granting promotion to him, the respondent No.3 has been granted promotion. The present petition is therefore filed seeking direction to the respondent No.1, Chief Executive Officer, Zilla Parishad, Yavatmal, to grant promotion to the petitioner on the post of Cluster Head.
7.
However, after going through the petition, we find that representation for ventilating the grievances by the petitioner is still pending before the respondent, Zilla Parishad.
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In that view of the matter, in our considered opinion, it would be expedient and in the interest of justice to direct the respondent, Zilla Parishad, to decide the representation dated 29.08.2025 pending before it within a period of two weeks from the date of receipt of the order. Needless to mention that the respondent - Chief Executive Officer would grant a hearing to the petitioner and the respondent No.3 before passing any order. It is further needless to mention that the said authority would decide the said representation in accordance with law. 9.
The petitioner to appear before the Chief Executive Officer on 05.03.2026 and apprise the authority of the said order. 10.
The Writ Petition is disposed of. Rule accordingly. No order as to costs.
(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Jayashree..