PRABHAKAR S/O UTTAMRAO DHONDE Vs. EDUCATION OFFICER

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith. Heard finally by consent of the parties. Mrs. S.S. Wandile, learned Assistant Government Pleader waives notice on behalf of the respondent No.1 and Shri V.A. Kothale, the learned Counsel waives notice on behalf of the respondent No.4.

(2.) THE challenge in the writ petition is to the order dated 10th November, 2005 passed by the respondent No.1, Education Officer, declaring the present respondent No.4 Shri Shahane as senior to the present petitioner because Shri Shahane is more in age than the petitioner.

(3.) SHRI V.A. Kothale, the learned Counsel appearing on behalf of the respondent No.4 and Mrs. S.S. Wandile, the learned Assistant Government Pleader appearing on behalf of the respondent No.1 have contended that the stand taken by the petitioner that the impugned order is passed in exercise of review jurisdiction is itself misconceived. By placing reliance on very Rule 12 of the MEPS Rules, it is contended that an employee is given right to raise an objection on each occasion after the management publishing seniority list and once such list is challenged, the respondent No.1 is duty bound to decide the same. It is contended that the respondent No.1 accordingly decided the objection raised by the respondent No.4 on 10th November, 2005 and the decision taken by the respondent No.1 is in accordance with law and valid. Both of them contended that the merits of such adjudication on 10th November, 2005 are not being disputed before this Court and in the circumstances, it is apparent that the respondent No.1 has only taken legal but other view of the matter. It, therefore, does not constitute review at all.