1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2758 OF 2006 Mrs.Rekha Kisan Gore & Ors. ...Petitioners Vs. State of Maharashtra & Ors. ...Respondents Mr. Bandiwadekar for Petitioners Mr.A.S. Rao for Respondents 2 & 3 Mrs.M.P.Thakur , A.G.P for Respondents 6,8,10,12 &13. CORAM: SMT.RANJANA DESAI & SMT.ROSHAN DALVI, JJ. DATED: 1ST FEBRUARY, 2008 P.C. 1. The petitioners are working in primary school conducted by Zilla Parishad, Thane by respondent 4, Kalyan Dombivli Municipal Corporation, Kalyan (Municipal Corporation for short). 2. The petitioners belong to open/non- backward category. They were appointed originally in June, 1998 by respondent 3. In short the petitioner's case is that as per seniority they are entitled for transfer/absorption in Municipal Schools. We 2 have been shown judgment dated 28 th June 2005 passed by this Court in Writ Petition No.2414 of 2005 and connected writ petitions. In that case similar grievance was raised before this Court. It appears from paragraph 6 of the said judgment that during the course of hearing the Counsel for the Municipal Corporation had informed the Court that there were 93 vacancies. He made further submission that 93 out of 119 teachers will be absorbed by the Municipal Corporation in accordance with seniority. This assurance was recorded by the Court. Pursuant to this submission the Municipal Corporation has admittedly absorbed 85 teachers. Thus 8 persons have not been absorbed as yet. 3. We expect the Municipal Corporation to abide by the statement which was made by them before this Court in Writ Petition No.2414 of 2005 and fill 8 vacancies. 4. Learned Counsel for the Municipal Corporation states that the Municipal Corporation shall abide by its statement. He states that petitioners 2 and 3 will be absorbed as per the statement made by the Municipal Corporation in Writ Petition No.2414 of 2005. He however, states that so far as the first petitioner is concerned she cannot be absorbed because she is at serial No.9. 3 5. Learned Counsel for the petitioners states that he will make an appropriate representation to the Municipal Corporation for absorption of the first petitioner. The said representation may be considered by the Municipal Corporation in accordance with law. 6. Since we have accepted the statement made by learned Counsel for the Municipal Corporation that the second and third petitioners will be absorbed, no further orders are necessary on this petition. Second and third petitioners shall be absorbed within 2 weeks from the date of receipt of this order by the Municipal Corporation. 7. Needless to say that if out of 8 persons who have to be absorbed some persons do not opt for absorption, then first petitioner being the 9th person, will be entitled to be absorbed and in that event she may be absorbed. 8. Petition is disposed of accordingly. (SMT. ROSHAN DALVI, J.) (SMT.RANJANA DESAI, J.)