- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10682/2010 Maharashtra Rajya Zilla Parishad Aarogya Seva Sangathana, Dhule, through its President Shri Asaram Vitthal Pawar, age 46 yrs., occu.service, r/o Shrinagar, Plot No.19/B, Chittod Road, Dhule. ...Petitioner.. Versus 1] The State of Maharashtra, through the Secretary, Rural Development Department, Mantralaya, Mumbai-400 032. 2] The Secretary, Public Health Department, Mantralaya, Mumbai – 400 032. 3] The Joint Director of Health Services (Leprosy), Central Building, Pune 411 001. 4] The Zilla Parishad, Dhule. Through its Chief Executive Officer. ...Respondents... ..... Shri Ajay S. Deshpande, Advocate for petitioner. Shri V.H. Dighe, AGP for respondent nos.1 to 3. ..... - 2 - CORAM: MOHIT S. SHAH, CJ. & B.R. GAVAI, J. DATE: 30.11.2010 PER COURT : 1] Heard learned counsel for the petitioner and the respondent nos.1 to 3. Since no adverse order prejudicial to the interest of the respondent no.4 is being passed, notice to the respondent no.4 is dispensed with. 2] The petitioner is an association of employees working in District Technical Services (Health) of Zilla Parishad, Dhule. In this petition, the petitioner – association espouses the cause of the Multipurpose Health Workers, who are working under Zilla Parishad, Dhule. 3] Immediate next promotional post for Multipurpose Health Workers is that of Health Assistant / Leprosy Technician, for which the Multipurpose Health Worker is considered as a feeder post. Though both the posts are in the same pay-scale, the difference is of only Rs.100/- in the grade pay. 4] On 7.10.2005, 15 Multipurpose Health Workers (Male) were promoted as Leprosy Technicians on the basis of the recommendations by the Departmental Promotion Committee, which had held its meeting on 7.6.2005. - 3 - 5] Recently by order dated 29.6.2010, those Leprosy Technicians have been reverted to the cadre of Multipurpose Health Workers (Male) by the impugned order. 6] The petitioner contends that by illegal reversion of the Leprosy Technicians to the feeder cadre of Multipurpose Health Workers, the chances of promotion of the Multipurpose Health Workers’, who are members of petitioner-association, are adversely affected and, therefore, the petitioner has challenged the said reversion order dated 23.9.2010 of Leprosy Technicians. It is contended that the grounds indicated in the impugned order dated 23.9.2010 are not tenable. For the same, it is contended that Multipurpose Health Workers were not required to undergo any training for the purpose of promotion to the post of Leprosy Technician, but still the respondents have proceeded on the footing that such a training was required. 7] In our view, when the persons reverted from the post of Leprosy Technician to the post of Multipurpose Health Worker vide impugned order dated 23.9.2010, themselves have not challenged the said order, it is not open to the petitioner to challenge the same merely because their chances of promotion are adversely affected, as perceived by the petitioner. 8] In view of above, we dispose of this petition only on the ground that the petitioner has no locus standi to challenge the reversion of the Leprosy - 4 - Technicians vide order dated 23.9.2010. We, however, make it clear that this order will not come in the way of affected parties i.e. Leprosy Technicians challenging the said order of their reversion if at all it is considered as reversion. We also make it clear that this order will not come in the way of the petitioner – association or its members pleading before the authorities that the Multipurpose Health Workers, whose cause is being espoused by the petitioner – association, may be considered for promotion to the post of Health Assistant / Leprosy Technicians on their own merits. Subject to above, the writ petition is disposed of in terms of above order. There shall be no order as to costs. (B.R. GAVAI, J.) CHIEF JUSTICE ndk/c3011104