1504wp1755.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1755 OF 2010 Madhukar Zingar Shahare & another Vs. Education Officer, Z. P. Bhandara & 2 others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 15/04/2010 Heard Mr. M.M. Sudame, learned Counsel for the petitioners, Mr. S. J. Jichkar. learned A. G. P. for respondent Nos. 1 & 2 and Mr. S. Borkar, learned Counsel for respondent No. 3. The grievance of the petitioner is in respect of order dated 31/3/2010, whereby the powers of signing pay bills are given to respondent No. 3 Mr. S. N. Kapgate. The Counsel for the petitioner has submitted that the petitioner is at serial No. 1 in category-B (Assistant Head Master) in the seniority list dated 30/6/2009 whereas respondent No. 3 is at serial No. 15, and therefore, the order of the Education Officer entrusting financial powers of signing pay bills of the teaching and non-teaching staff of the School are without any justification, and therefore, the impugned order, in such circumstances, cannot be sustained in law. The learned Assistant Government Pleader states that the impugned order came to be passed on the basis of the proposal submitted by the school management. The Counsel for respondent No. 3 disputed the 1504wp1755.10.odt 2/2 seniority list dated 30/6/2009 annexed by the petitioner with the petition. Be that as it may, considering the overall view of the matter, it will be appropriate for the Education Officer to reconsider the issue afresh. In the circumstances, we dispose of the present writ petition with direction to the Education Officer (Secondary), Zilla Parishad, Bhandara to reconsider the issue afresh by giving reasonable opportunity to the petitioner, respondent No. 3 and the Management and decide the same within a period of four weeks from today and take decision in this regard on the basis of seniority as well as after considering the other relevant aspects of the matter. The present arrangement shall be continued for the period of three months. Authenticated steno-copy of this order be furnished to the parties. JUDGE JUDGE wwl