1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.550 OF 2009 (Indrapal s/o Shamrao Mate vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 9, 2009 Heard Shri Dangore, learned Counsel for the petitioner, and Shri Sambre, learned Government Pleader for the respondent nos. 1 and 2. Shri Dangore, learned Counsel for the petitioner, has brought to our notice the order dated 27.11.2006 passed by us whereby Writ Petition No.5515/2006 came to be disposed of on the basis of statement of Mr. Khubalkar, learned Assistant Government Pleader, which is reflected in the third paragraph of the order and reads thus : “Mr. Khubalkar, Assistant Government Pleader on instructions from the Education Officer (Secondary), who is present in the Court today, states that the issue about inter se seniority of the petitioner and these two teachers will be considered 2 by the Education Officer as per the provisions of Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 within a period of four weeks from today and decision in this regard will be taken and if the petitioner is found to be senior, in that event, the impugned order dated 16.10.2006 shall be modified accordingly. In view of the above referred facts and the statement made by the Assistant Government Pleader, the writ petition is disposed of.” Shri Dangore, learned Counsel for the petitioner, states that the respondent Education Officer failed to decide the issue of inter se seniority and passed the impugned order dated 7.11.2008 whereby petitioner is once again declared surplus from respondent no.4 School. Shri Sambre, learned Government Pleader states that Mrs. Parteki, Education Officer (Secondary), Zilla Parishad, Nagpur is present in the Court and she tenders unconditional apology for not deciding the issue about inter se seniority of the petitioner and other Teachers and assures this Court that the same will be decided within six weeks by following principles of natural justice as well as procedure contemplated under Rule 12 of the Maharashtra Employees of Private Schools 3 (Conditions of Service) Rules, 1981. The petitioner undertakes to appear before the Education Officer on 24.2.2009. Shri Sambre, learned Government Pleader states that grievance of the petitioner shall be considered in accordance with law. In the circumstances, we dispose of the petition with the observations that if the petitioner is found to be senior and his juniors are retained while declaring him surplus, in that event, we direct the Education Officer to take appropriate steps in accordance with law and the impugned communication dated 7.11.2008 shall not come in the way of issuance of such directions. JUDGE JUDGE khj