1 wp86.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 86 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. D.R. Irale Patil, Advocate for the petitioner. Mr. D.R. Korde, A.G.P. for respondent no.1 Mr. U.B. Bonder, Advocate for respondent nos.2 to 4. 1. Heard Advocate Mr. Irale Patil for petitioner and Mr. Bondar for the respondent no.2, 3 and 4. Learned A.G.P. Shri. D.R.Korde for the respondent no.1. 2. Learned Counsel for the petitioner states that impact of policy decision as contained in the Government Resolution dated 28th October, 1994 or then further decision making it applicable to the Zilla Parishad services taken on 20th May, 1999 has not been properly appreciated. The contention is, those possessing the requisite qualifications are to be included in the cadre of Civil Engineering Assistant ignoring the post held by them. Attention has been invited to the impugned order passed below Exhibit-U-2 in Complaint ULP No. 69/2009 2 wp86.11 in this connection to urge that this aspect, has been lost sight of. 3. Learned counsel for Zilla Parishad has urged that Zilla Parishad has implemented the direction by the Divisional Commissioner dated 09.06.2009 issued in the light of the Government Resolution dated 5th August, 2003. Learned A.G.P. also supports the impugned order passed by the Industrial Court. 4. Prima facie consideration shows that the resolution dated 5th August, 2003 is about the inclusion of tracers in the cadre of Civil Engineering Assistant. Basic resolution dated 28th October, 1994 shows a direction to over look the post held by incumbent who possesses requisite qualification. 5. Today the petitioner is continuing on post of Civil Engineering Assistant. In this situation the interest of justice would be met by directing the parties to maintain status-quo as on today and by expediting the hearing before the Industrial Court. 6. Accordingly, the proceedings before the Industrial Court are expedited and learned Member of Industrial Court is directed to decide the said Complaint as early as possible in any case within a period of one year from the date of communication of this order to it. The parties to 3 wp86.11 maintain status-quo as on today till then. 7. With the above directions, the present Writ Petition is disposed of with no order as to costs. (B.P. DHARMADHIKARI) JUDGE. 10.01.2011 gas/wp86.11