1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 1361 OF 2002 Mirza Nazim Beg Hakim Beg .. PETITIONER VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. M.S. Deshmukh, Advocate for the petitioner. Mr. D.R. Kale, AGP for the State. Mr. R.M. Deshmukh, Advocate for respondent nos. 3 and 4. ===== CORAM : R. M. BORDE, J. DATE : 10 th November, 2009 PER COURT : 1 Petitioner was serving as Assistant Teacher. He is seeking quashment of the order passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon on 18-2-2002 whereby the petitioner has been directed to report at Anglo Urdu High School, Bhadgaon. Petitioner has been declared as surplus in accordance with provisions of section 26 (2) (I) (II) of the MEPS Act. According to the petitioner, the institution has not provided proper seniority list which has an effect of declaring the petitioner as surplus employee and he having been placed at lower rank in seniority list. 2 2 The grievance raised by the petitioner in the petition does not survive in view of certain developments those occurred during the pendency of the petition. It is recorded in the affidavit in reply presented on behalf of the Education Officer that the petitioner is now working on clear vacant post at Pachora and is accommodated as trained graduate teacher in the school. In this view of the matter, the grievance raised by the petitioner in this petition does not survive. The petition therefore needs to be disposed of. Rule is discharged. No costs. ( R. M. BORDE, J.) dyb/office/wp1361.02.odt