BHARATBHUSHAN RAMCHANDRA SONULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Dastane, learned Counsel for the petitioners, Shri Thakre, learned Assistant Government Pleader for the respondent No. 1, Mrs. Munshi, learned Counsel for the respondent Nos. 2 and 3, Shri Motghare, learned Counsel for the respondent Nos. 4 and 5, and Shri Shende, learned Counsel for the respondent Nos. 9 to 24.

(2.) Shri Motghare, learned Counsel for the respondent Nos. 4 and 5, raised a preliminary objection regarding maintainability of the petition. It was contended that Division Bench of this Court vide judgment and order dated 13-4-2005 passed in Writ Petition Nos. 3311/2004, 3942/2004, 3943/2004 and 6113/2004 has held that inter se seniority of Teachers working in the Secondary Schools administered and managed by the Zilla Parishads in the State of Maharashtra will be governed by the provisions of Secondary Schools Code. The learned Counsel for the respondent Nos. 4 and 5, therefore, contended that present petition is not maintainable at the behest of the Secondary School Teachers teaching in Zilla Parishad Schools at Gondia and Bhandara.

(3.) It was further submitted by the learned Counsel for the respondent Nos. 4 and 5 that Shri D.V. Pillare, respondent No. 5 in Writ Petition No. 6113/2004, filed Review Petition No. 517/2005 seeking review of the said judgment and order dated 13-4-2005. The Division Bench of this Court dismissed the said review petition by holding thus: