1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 814 OF 2010 Jeevan Tulshiramji Phalke .vs. Chandrakant Shikshan Sanstha & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Chandurkar, Advocate for petitioner, Mr. Nilesh Adbe, Advocate for respondent nos. 1 & 2, Mr. P.D. Kothari, A.G.P. for respondent no.3, CORAM : S.A. BOBDE & A.B. CHAUDHARI, JJ. DATED : JULY 12, 2010. The petitioner has questioned the correctness of the judgment of this Court dated 1.3.1996 in Writ Petition No. 266/1996 on the ground that the respondent no.2 Tejram Nagose could not have been directed to be absorbed by this Court since on the date the order in his favour was made, his services had already stood terminated. We find no merit in this contention since the petitioner’s services stood terminated on account of having been declared surplus and by the time the order was made by this Court, the surplusage was worked out and the petitioner 2 had become entitled for absorption. It is in those circumstances that the order was made. Hence, there is no need to review the order. The other issue raised by the petitioner is regarding his seniority, vis-a-vis one Shri T.B. Nagose. Apparently, the petitioner Shri J.T. Phalke has been found senior to the said Shri T.B. Nagose. This seniority is strongly disputed on behalf of the respondent management. Admittedly, however, no enquiry as contemplated by Rule 12 of the M.E.P.S. Rules, 1981 has been held by the Education Officer. We accordingly, direct the respondent no.3 Education Officer to decide the issue of seniority in the respondent school, particularly between the petitioner Shri J.T. Phalke and the respondent no.2 Shri T.B. Nagose after hearing all concerned and pass a reasoned order within a period of three months from the date the parties appear before him. The parties are directed to appear before him on 19.7.2010. With the above observations, the Writ Petition stands disposed of. Steno-copy of order is granted. J. Judge Judge