Petitioner sought direction to decide his seniority over other teachers. Court directed respondent authority to hear all concerned parties before deciding and to complete the exercise within three months.
Respondent No.4 directed to hear petitioner and others; dispose matter within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-: 1 :-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 5472 OF 2005
Jayant B. Deshpande .. Petitioner.
Vs.
State of Maharashtra & Ors. ..Respondents.
---
Mr. S.D. Rayrikar with A.M.Joshi for the Petitioner.
Mrs. J.S.Pawar, AGP for Respondents Nos. 1 & 4.
Mr. Vijay Joshi for Respondent Nos.2,3,5 & 6.
-----
CORAM : F.I. REBELLO AND
Dr.D.Y.CHANDRACHUD,JJ.
DATED : 15TH FEBRUARY, 2006.
P.C.:
1. Rule. Heard forthwith.
2. The Petitioner claims to be senior in seniority
to Respondents Nos. 5 and 6. The petitioner by a
letter dated 06.12.2004 had applied to Respondent No.4
to decide the seniority. However, the respondent No.4
proceeded on the footing that the petitioner has not
disputed the inter-se seniority of the other teachers
and hence, hearing was not given by respondent No.4.
From the fact that the petitioner is claiming to be
senior to Respondents 5 and 6 would mean that he is
claiming higher seniority. Considering that, the
respondent No.4 is directed to hear the petitioner and
-: 2 :-
all other concerned who will be likely to be affected if
the petitioner’s seniority is to be altered and to
dispose of the subject matter by issuing the necessary
directions to the management. The entire exercise to be
completed within three months from today.
3. With the above direction, the petition is
disposed of with no order as to costs.
15.02.2006 (F.I.Rebello,J)
(Dr.D.Y.Chandrachud,J)
2 issues framed by the court
Whether respondent No.4 should hear the petitioner and other concerned teachers before deciding seniority.
Whether the exercise regarding seniority determination should be completed within three months.
Jayant B. Deshpande
State of Maharashtra
F.I. Rebello
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court