Sayyad Riyaz Sayyad Munir vs The Commissioner And Regional ...
2016 Latest Caselaw 2741 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      




                                                             
                               NAGPUR BENCH, NAGPUR.




                                                            
     WRIT PETITION NO. 5283 OF 2014


     Sayyad Riyaz Sayyad Munir,
     Age 49 years, Occupation - Service,




                                               
     R/o Bagwanpura, Washim, 
     Tq. and Dist. Washim.    ig                                      ....       PETITIONER


                         VERSUS
                            
     1) The Commissioner and Regional
         Director, Municipal Administration, 
         Amravati Division, Amravati.
      


     2) Nagar Parishad,
   



         Washim, through its Chief Officer, 
         Washim, Tq. and Dist. Washim.





     3) Khwaja Latif Ahmed,
         Age 45 years, Occupation - Service, 
         R/o Beldarpura, Washim, Tq. and 
         Dist. Washim.                                                ....       RESPONDENTS





     ______________________________________________________________
                    Shri P.S. Patil, Advocate for the petitioner,
                    Shri K.R. Lule, A.G.P. for respondent No.1,
          Shri N.A. Jaiswal, Advocate h/f. Shri A.M. Ghare, Advocate for
                                 respondent No.2.
      ______________________________________________________________

                                   CORAM : Z.A. HAQ, J.

DATED : 10 JUNE, 2016.

                                                  th





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     ORAL JUDGMENT :




                                                            

1. Heard Shri P.S. Patil, Advocate for the petitioner, Shri

K.R. Lule, Assistant Government Pleader for the respondent No.1 and

Shri N.A. Jaiswal, Advocate holding for Shri A.M. Ghare, Advocate for

the respondent No.2.

None appears for the respondent No.3 though served.

2. Rule. Rule made returnable forthwith.

3. The petitioner claims to be senior to the respondent No.3

and relies on the seniority list published by the respondent No.2-

Municipal Council to substantiate his contention. According to the

petitioner, he being senior, is entitled to hold the charge of the post of

Head Master of the School. As the respondent No.2-Municipal Council

gave the charge of the post of Head Master of the School to the

respondent No.3, the petitioner approached the learned Additional

Commissioner with his grievance, however, the learned Additional

Commissioner has not considered his grievance and therefore, the

petitioner has approached this Court.

4. This Court while issuing notice, by the order dated

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26-09-2014 directed the parties to maintain status quo.

5. Shri N.A. Jaiswal, Advocate states that respondent No.2-

Municipal Council intends to fill the post of Head Master of the school

on regular basis, however, because of the order of status quo passed by

this Court, it is not done.

6. In the circumstances, following order is passed.

(i) The respondent No.2-Municipal Council is directed to

continue the petitioner as officiating Head Master of the

school till the regular appointment is made.

(ii) Rule is made absolute in the above terms. In the

circumstances, the parties to bear their own costs.

JUDGE

adgokar