WP No. 1766/11 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1766 OF 2011 Ashok s/o. Manohar Kalmute ....Petitioner. Versus The State of Maharashtra & Ors. ....Respondents. Mr. Gautam J. Karne, Advocate for petitioner. Mr. K.B. Choudhari, A.G.P. for respondent Nos. 1 to 3. Mr. I.D. Maniyar h/f. Mr. V.S. Panpatte, Advocate for respondent No. 4. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 4th January, 2012. ORAL ORDER : 1. Heard. 2. The petitioner's contention is that he was appointed as 'Art Teacher' in Shankar Patil Residential Handicap School, Narangal, Taluka Deglur, District Nanded. According to the learned counsel for the petitioner, as the school did not seek further renewal, for want of permission, the school was closed down WP No. 1766/11 2 somewhere in the year 2000-2001. It is submitted that since after closure of the school, the petitioner has been putting efforts for his absorption in accordance with law, but the respondents did not consider the request of the petitioner. 2. Respondents, Social Welfare Officer and the State filed affidavits in reply. The counsel appearing for the Social Welfare Officer has referred to a communication dated 11/12.1.2011 made by Commissioner, Handicap Welfare, Maharashtra State, Pune and has also pointed out that the petitioner's name has been forwarded by the Social Welfare Officer to be included in the list of persons to be absorbed. 3. Mr. K.B. Choudhari, learned A.G.P. has referred to para 6 of the affidavit in reply filed on 3.11.2011 through Mr. Sanjay Rambhau Kadam, Social Welfare Officer, Grade-A, Zilla Parishad, Nanded. In para 6 the deponent states that :- "6. The deponent says and submits that, in the present position, there are no vacant post in Government and aided institution nor till date some of the aided institution sought candidate in respective category for absorption. Therefore, in the present situation it is not possible to absorb all the employees in one time. It is further submitted that Petitioner and similar employees WP No. 1766/11 3 will be absorbed on their respective post in accordance with their seniority etc. one by one." The learned A.G.P., therefore, submits that in view of the statement made by the counsel appearing for Social Welfare Officer, the petitioner's case shall be processed in accordance with the seniority list maintained by the authority concerned. 4. In view of the reply filed and the statement made by the counsel appearing for Social Welfare Officer and the learned A.G.P., we direct that the petitioner's case shall be processed strictly in accordance with the seniority list maintained for the purposes of absorption. 5. Petition is disposed of. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/