(1) WP 6212.2011+3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6212 OF 2011 The State of Maharashtra and ors. PETITIONERS VERSUS Ananda Ganpati Kokane and anr. RESPONDENTS WITH WRIT PETITION NO.1126 OF 2011 The State of Maharashtra and ors. PETITIONERS VERSUS Budhiwant Dattu Garud RESPONDENT WITH WRIT PETITION NO.1110 OF 2011 The State of Maharashtra and ors. PETITIONERS VERSUS Ashok Pandharinath Kadam RESPONDENT AND WRIT PETITION NO.8428 OF 2011 The State of Maharashtra and ors. PETITIONERS VERSUS Sarvajanik Bandhkam Sthapatya Abhiyantriki RESPONDENT ..... Mr. K.M. Suryawanshi, A.G.P. for the Petitioner-State in all Writ Petitions Mr. R.S. Deshmukh, Advocate for the Respondent nos. 1 & 2. (WP 6212.2011) Mr.R.P. Bhumkar, Advocate for the Respondent (In WP. 1126.2011, with Adv. N.U. Yadav, in WP. 1110.2011 and WP 8428.2011) ..... (2) WP 6212.2011+3 CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 9TH NOVEMBER, 2011 ORAL ORDER: 1. Since identical matters are not Board, production of Writ Petition no. 8428 of 2011 is permitted at the request of Shri Bhumkar, learned counsel for the respondent. Heard respective counsel. 2. The petitioners-State have approached this Court, being aggrieved by the judgment and order passed by the learned Maharashtra Administrative Tribunal dated 8.9.2010, thereby allowing the Original Applications filed by the respondents. Shri Suryawanshi, learned A.G.P. submits that the learned Tribunal has grossly erred in allowing the Original Applications. Learned A.G.P. further submits that in view of the rules called as Junior Engineers (Civil) Group-B non-gazetted in the Public Works Department and Irrigation Department (Recruitment) (Amendment) Rules, 1998, there is no provision for relaxation of the condition of passing the qualifying (3) WP 6212.2011+3 examination and as such, the learned Tribunal has erred in allowing the Original Applications. 3. We have perused the various circulars issued by the Government dated 21.4.2006, 4.12.2008 and 23.8.2010, which specifically directs that such of the Civil Engineering Assistants who have crossed the age of 45 years, should be exempted from the condition of passing the qualifying examination. One of such communication dated 4.12.2008 is issued by the General Administration Department of the State of Maharashtra. The decision of the General Administration Department would be binding on all other departments of the State Government ,including the Public Works Department. When the Irrigation Department of the State Government itself, following the directions of the General Administration Department, has issued a communication dated 31.3.2006, thereby providing for relaxation of the condition, another department of the same Government cannot be permitted to take a different stand and say that the directions of the General Administration Department are not binding on it. (4) WP 6212.2011+3 4. In that view of the matter, we do not find that any error has been committed by the learned Maharashtra Administrative Tribunal, to warrant interference. Writ Petitions stand rejected. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/