1 WP 6324/2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6324 OF 2008 Dnyanoba s/o. Nagnath Phulari ... Petitioner Versus The State of Maharashtra & Others. ... Respondents. ----- Shri. S.G. Rudrawar, Advocate for the petitioner. Shri. V.B. Ghatge, Assistant Government Pleader, for respondents Nos.1 and 2. Shri. V.D. Gunale, Advocate for respondent No.5. Shri. R.J. Godbole, Advocate, for respondent No. 4. ------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 14th JULY 2009 PER COURT : 1) Heard. 2) The petitioner contends that though he was appointed as Laboratory Attendant he ought to have been promoted as Junior Clerk in the next vacancy. Respondent No.4 Shrikant Janardhan Kulkarni was illegally directly appointed by the Head Master in the year 2005. Therefore, the 2 WP 6324/2008 petitioner's claim as Junior Clerk has been denied and he has been in a way superseded. 3) These allegations are denied by learned counsel Shri. Godbole, appearing for respondent No.4. The counsel submits that Laboratory Attendant and Junior Clerk are two different cadres, therefore, petitioner cannot set up a claim that he was superseded. The counsel Shri. Gunale appearing for the management seems to be supporting the contentions raised by the petitioner. 4) Considering the issue raised in this petition we are of the view that the petitioner has alternate efficacious statutory remedy under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 and the Rules 1981 framed under the said Act, which the petitioner may avail of. 5) The writ petition is disposed of. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.6324.08