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Bombay High Court

SOU. VIJAYASHRI MAHENDRA JAGTAPversusKURDUWADI MUNICIPAL COUNCIL KURDUWADI THR. CHIEF OFFICER AND ORS

Disposal
Disposed Off

Holding

The seniority dispute does not survive the death of Respondent No.5, and the petition is dismissed as infructuous.

Summary

Vijayashri Mahendra Jagtap filed a writ petition seeking a declaration that she is senior to Respondent No.5 for the post of Headmistress. Respondent No.5 had died on 30 June 2025, rendering the inter se seniority issue moot. The court held that the seniority dispute could not be adjudicated as the respondent was no longer alive. Consequently, the petition was disposed of as infructuous. The accompanying interim application was also dismissed as it no longer survived. The court indicated that the petitioner may pursue other remedies if her services are not considered for the appointment.

Issues considered

  • Whether the inter se seniority dispute between the petitioner and Respondent No.5 survives after the death of Respondent No.5.

Subjects

  • seniority
  • inter se dispute
  • writ petition
  • disposal
  • infructuous
  • municipal council
  • headmistress appointment
  • death of respondent

Judgment

                                                           30-WP-9747-2011.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 9747 OF 2011
                                 WITH
                 INTERIM APPLICATION NO. 10082 OF 2025
Vijayashri Mahendra Jagtap              ...Petitioner.
        Versus
Kurduwadi Municipal Council,
Kurduwadi and Others                ...Respondents.
                                 ——————
Mr. S. G. Kudle (Through VC) with Mr. Q. H. Kudle & Mr. Kishor Jadhav, for the
Petitioner.
Mr. V. M. Mali, AGP, for the Respondent Nos.3 & 4-State.
Mr. Dilip Bodake with Mr. Amar P. Dhumal, for the Respondent No.5.
                                 ——————
                                  Coram : Sharmila U. Deshmukh &
                                          Neeraj P. Dhote, JJ.
                                   Date      : August 14, 2026.
P. C. :

1.        The learned counsel appearing for the Respondent No.5 submits

that the Respondent No.5 has already expired on 30 th June 2025. He

would further point out the prayer clause (b) of the petition seeking a

declaration that the Petitioner is senior to the Respondent No.5.

2.        As the issue of inter se seniority between the Petitioner and

Respondent No.5 does not survive for consideration, the petition is

disposed of as infructuous.

3.        It is open for the Petitioner to adopt appropriate remedy, in event

the Petitioner’s services are not considered for the post of

Headmistress, despite the demise of Respondent No.5.


Gaikwad RD                          1 of 2
                                                                               30-WP-9747-2011.doc


                        4.     In view of disposal of Writ Petition, the Interim Application does

                        not survive and stands disposed of.



                         [Neeraj P. Dhote, J.]                     [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.15
           10:32:12
           +0530




                        Gaikwad RD                       2 of 2


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