Bombay High Court
Shriram Saduji Dhobale vs State Of Maharashtra And Others on 9 December, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3759 OF 1997
Shriram s/o. Saduji Dhobale,
Aged about 38 years, Occ. Service,
Lecturer, Dnyaneshwar Junior
College, Sahur, Tq. Ashti, Distt.
Wardha. ig ........ PETITIONER
// VERSUS //
1.State of Maharashtra,
through it's Secretary,
Ministry of Secondary Educaton,
Mantralaya, Mumbai-32.
2.Deputy Director of Education,
Nagpur Region, Nagpur.
3.Education Officer,
Zilla Parishad, Wardha.
4.Dnyaneshwar Vidya Prasarak
Mandal, at Sahur, Tq. Ashti,
Distt. Wardha, through it's
President.
5.Dnyaneshwar Junior College,
Sahur, Tq. Ashti, Distt. Wardha
through it's Principal.
6.Deleted as per Court's Order
dt.8.6.2000. ........ RESPONDENTS
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Mr.R.L,.Khapre, Advocate for the Petitioner.
Mrs.Kalyani Deshpande, A.G.P. for Respondent Nos.1 to 3.
Mr.P.S.Gavai, Advocate for Respondent No.4.
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CORAM : B. R. GAVAI &
P. N. DESHMUKH, JJ.
DATE : 09/12/2016.
ORAL JUDGMENT (Per B. R. Gavai, J) :
1. Rule. Rule is made returnable forthwith. Heard finally by
consent.
2. Mrs.Kalyani Deshpande, learned A.G.P. waives service on
behalf of respondent nos. 1 to 3. Mr.P.S.Gavai, learned Counsel
waives service on behalf of respondent no.4.
3. The petitioner has approached this Court being aggrieved
by order dt.6.12.1997 vide which the respondent had directed one
Mr.R.S.Wandile to be accommodated against the post on which the
petitioner was appointed.
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4. Perusal of the record would reveal that, vide order
dt.11.3.1997, respondent no.2 had granted approval to respondent
nos. 4 and 5 to fill in two posts for 11th and 12th Std. It appears that
a condition was imposed therein vide Condition No.9 that if
hereinafter the Education department sends additional teachers who
are found to be in excess, they will have to absorbed on priority. In
pursuance of the said permission, an advertisement was issued by
respondent nos. 4 and 5 on 15.7.2005. In pursuance of the said
advertisement, the petitioner has undergone selection process and
has been appointed on 31.7.1995.
5. It appears that, subsequently, on 6.12.1997, respondent
no.2 passed an interim order directing respondent no.6 to absorbed
in place of the petitioner in respondent no.5/Junior College. Being
aggrieved thereby, the present petition.
6. Perusal of the record would reveal that, on the very first
day itself i.e. on 26.12.1997, this Court had passed an interim order
directing status quo to be maintained. It is not in dispute that, from
the said date, the petitioner is continued in service till date.
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7. We find that when the permission was granted by
respondent no.2 on 11.3.1997, he ought to have first scrutinized
whether there is availability of excess teachers or not. Having granted
permission to make appointment and the petitioner having been
appointed against that post, we find that the action of respondent
no.2 in subsequently directing some other teacher to be absorbed was
not justified.
8.
In any case, now the grievance of respondent no.6 also no
more survives inasmuch as he has been accommodated in some other
school. The petitioner has been in continuous employment for a
period of more than 21 years. Any interference at this stage would
cause irreparable injury to the petitioner. In any case, it is not as if
the petitioner's entry was a back-door entry or by some unfair means.
The petitioner has undergone due selection process which was
initiated by the Management after permission was granted by the
Deputy Director of Education. In that view of the matter, the petition
deserves to be allowed. Hence, Rule is made absolute in terms of
prayer clause (i) of the petition.
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Needless to state that the petitioner would be entitled to
all the consequential reliefs.
JUDGE JUDGE
jaiswal
