1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.3415 OF 2005 IN WRIT PETITION NO.7105 OF 2003 Mahesh P. Sawant. ...Applicant. Vs. State of Maharashtra & Ors. ...Respondents. .... Mr. V. P. Sawant with Mr. H.V. Kode for the Applicant. Mrs. M.P. Thakur, AGP for Respondent Nos.1, 6 and 8. Mr. R.V. More for Respondent No.7. ..... CORAM : F.I. REBELLO, J. AND DR.D.Y.CHANDRACHUD, J. January 20, 2006. P.C. The Petitioner has taken out this application seeking a relief that pending disposal of Writ Petition No.7105 of 2003, the Respondents not to fill up the post of Multi Purpose Health Worker/Workers (Male), except by following the provisions of G.R. Dated 27th May 1997. We have heard the learned Counsel for the Petitioner. G.R. Dated 27th May 1997 are administrative instructions issued by the State of Maharashtra. They pertain to recruitment of Health Services (Male). Our attention was also invited to the Notification dated 5th April 2003 published in the 2 Maharashtra Government Gazette whereby pursuant to powers conferred under Section 274(2) of the Maharashtra Zilla Parishad and Panchayat Samiti Rules, 1961, the Rules have been made known as the Maharashtra Zilla Parishad Zilla Service (Entry to Service) (Amendment) Rules, 2003, which include appointment to the post of Health Workers (Male). Prima facie we are of the opinion that considering that the Rules made under Section 274 (2) will a the superior form of subordinate legislation whereas G.R. would be only administrative instructions, such Rules are to prevail. However, as the issue is pending before this Court, we do not propose to answer it finally. It is also the contention of the Petitioner that he had made a representation to the Secretary, Rural Development and Water Supply Department dated 17th October 2003. However, that representation till date has not been considered. In the light of that, the application is disposed of by issuing the following directions : -(i) The Secretary, Rural Development and Water Supply Department (RDD) is directed to dispose of the representation 3 dated 17th October 2003 if he is competent Secretary to dispose of the same and if not to refer to the competent Secretary for disposal. The representation be disposed of not latter than 8 weeks from today. In so far as the appointment to the post of Multi Purpose Health Worker/Workers (Male), it would not be possible to grant relief as sought by the Petitioner. All that can be said that if the Respondents propose to fill any post, to fill them in accordance with law. With the above observation, the Civil Application is disposed of. ( F.I. Rebello, J.) (Dr. D.Y. Chandrachud, J.)