Mohd. Zakir Abdul Habib vs Director Of Muncipal ...
2017 Latest Caselaw 743 Bom

 1503WP836.13-Judgment                                                                          1/2


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                       WRIT PETITION NO.  836  OF    2013


 PETITIONER :-                        Mohd.   Zakir   Abdul   Habib,   Aged   about   42
                                      years,   Occu.   Service,   R/o.   Sultanpura,
                                      Jalgaon-Jamod, Dist. Buldana. 

                                         ...VERSUS... 

 RESPONDENTS :-                  1) Director of Municipal Administration, Gruh
                                    Nirman   Bhavan   (Mahad),   Ground   Floor,
                                    Kalanagar,   Bhandra   (East),   Mumbai-
                                    400032.
                                 2) District Collector, Buldana. 
                                 3) Chief   Officer,   Municipal   Council,   Jalgaon-
                                    Jamod,   Dist.   Buldana,   Through   its   Chief
                                    Officer. 
                                 4) Mohd.   Anis   Shaikh   Ismail   Aged   about   40
                                    years,   Occ.   Service,   Ranipark,   Jalgaon-
                                    Jamod, Dist. Buldana. 
                                 5) Smt.Najmunnisa   Begum,   Aged   about   53
                                    years, Occu. Service, Subhedarpur, Jalgaon-
                                    Jamod, Dist. Buldana. 
                                 6) Dy.Director   of   Education,   Amravati,   Dist.
                                    Amravati. 
                                 7) Education Officer (Primary), Zilla Parishad,
                                    Buldana. 
                                 8) Zilla Parishad, Buldana, Through its C.E.O,
                                    Z. P. Buldana.  


 ---------------------------------------------------------------------------------------------------
     Ms Dashputre, counsel h/f Mr.P.B.Patil, counsel for the petitioner.
 Ms Hemlata Jaipurkar, Asstt.Govt.Pleader for the respondent Nos.1,2&6
                  Mr.N.R.Saboo, counsel for the respondent No.3.
            Mr. V. K. Paliwal, counsel for the respondent Nos.4 & 5.
    Mrs. I.L. Bodade & Mr.G.G.Mishra, counsel for the respondent No.7.
 ---------------------------------------------------------------------------------------------------




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  1503WP836.13-Judgment                                                                 2/2



                                    CORAM : SMT. VASANTI    A    NAIK & 
                                                V.M.DESHPANDE,   JJ.

DATED : 15.03.2017

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

By this writ petition, the petitioner had challenged the

promotion of the respondent No.4 on the post of headmaster.

It is stated that the writ petition was pending for nearly

four years and the respondent No.5 is now due to retire on attaining the

age of superannuation in the month of May, 2017. It is stated that the

grievance of the petitioner would stand redressed if this court directs

the respondent No.3 to consider the claim of the petitioner for

promotion after the superannuation of the respondent No.5.

The request made on behalf of the petitioner is just and

reasonable. The respondent No.3 may consider the claim of the

petitioner for promotion to the post of headmaster along with the other

eligible persons. Rule is made absolute in the aforesaid terms with no

order as to costs.

                           JUDGE                                         JUDGE 

 KHUNTE