PRADEEP GANPATRAO GANWIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD finally, by consent of the parties.

(2.) THE Petitioner belongs to Scheduled caste category, who was not party to Original Application No. 927 of 2012, has challenged the order passed by the Maharashtra Administrative Tribunal (for short, ''the Tribunal '') dated 30 September 2013 thereby, allowed the Original Application filed by Applicant -Respondent No.4, belonging to V.J. (A) category of backward classes and directed to promote as Secretary, Public Works Department of State of Maharashtra (Respondent No.1), by filing the present Petition on 11 November 2013. Apart from the prayer to quash and set aside the impugned order, the prayer is also made to stay the effect and operation of the impugned order. The matter was adjourned from time to time. Ultimately, as the preliminary objection was raised on 15 January 2014, the matter is listed today for final disposal, as it could not be heard on 22 January 2014. There is no specific ad -interim order in favour of the Petitioner.

(3.) WE decline to entertain the present Petition as the Petitioner has alternate remedy which, in our view, is efficacious and effective, such as Review Petition as contemplated under the Tribunal Act, as the Petitioner is ''person aggrieved ''/ ''person affected '' by the impugned order. The another remedy is also to invoke Section 19 of the Tribunal Act by filing a separate Original Application, if so advised. These remedies, in our view, need to be exhausted first by the Petitioner, which will be in the interest of all the parties concerned, apart from the opportunity to all the person concerned on various factual details, so that appropriate decision/order can be passed by the Tribunal. Therefore, for the above reasons, by keeping all points open, we are inclined to dispose of the present Petition as the Petitioner has alternate remedy, as referred above.