1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5459/2008 (Ramesh Khade vs. Chief Executive officer,Z.P. Akola and another) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 22nd January, 2009. *** 1. Heard Mr A S Mardikar, learned counsel for the petitioner and Mr A.B. Patil for Respondent No.1. 2. This petition is directed against the order dated 29.2.2008 as well as order dated 25.11.2008 passed by the Chief Executive officer, Zilla Parishad, Akola whereby, the petitioner is declared to be surplus in the pay scale of Rs.4000 -6000/- and was directed to be absorbed at Primary Health sub-centre, Shioni. 3. Learned counsel for the petitioner has submitted that the respondent no.1 ought to have declared surplus, the employees who were junior to the petitioner in the said pay scale including Respondent No.2. However, the Chief Executive Officer failed to follow the prescribed policy applicable in this regard and, therefore, the instant petition. 2 4. Considering the cause of action involved, we dispose of the petition, with liberty to the petitioner to make a representation to the Chief Executive Officer against the impugned orders dated 29.2.2008 as well as 25.11.2008 within a period of ten days. If such a representation is made, we direct the Chief Executive Officer to dispose it of in accordance with law and procedure applicable in this regard within a period of three weeks thereafter by following the principles of natural justice. The impugned order shall not come in the way of the reconsideration of the issue raised in the representation. If the Chief Executive Officer comes to the conclusion other than the one already recorded in the impugned order in that event, the impugned order shall merge in the said order; otherwise the impugned order shall stand confirmed. JUDGE JUDGE sahare