Bombay High Court
Pankaj Narottam Bhavsar And ... vs The State Of Maharashtra And ... on 24 October, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4743 OF 2014
Ashthabhuja Bahu Uddeshiya
Shikshan Va Samajik Vikas Sanstha
Kalmeshwar, District Nagpur,
Through its President ...PETITIONER
versus
1. The State of Maharashtra,
through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai 32.
2.
The Director of Education
Secondary and Higher Secondary
Maharashtra State, Pune.
3. The Director of Education (Primary),
Maharashtra State, Pune.
4. The Deputy Director of Education,
Aurangabad Division, Aurangabad.
5. The Education Officer (Secondary)
Zilla Parishad, Hingoli.
6. Union of India.
Through its under Secretary, M/O
Child & Women Welfare Development
Department of Education, Shastri Bhavan
New Delhi. ...RESPONDENTS
.....
Mr. S.R. Barlinge, Advocate for petitioners
Mr. P.S. Patil, AGP for respondents No. 1 to 5
Mr. S.B. Deshpande, ASG for respondent No. 6
.....
WITH
WRIT PETITION NO. 7266 OF 2016
1. Pankaj S/o Narottam Bhavsar,
Age: 30 years, Occu. service,
Presently working as Attendant
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
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2. Vijay S/o Ashok Badgujar,
Age: 28 years, Occu. service,
Presently working as Attendant
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
3. Meenakshi d/o Sudam Nerpagar,
Age: 28 years, Occu. service,
Presently working as Special Teacher
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
4. Monali d/o Appa Kapadne,
Age: 29 years, Occu. service,
Presently working as Special Teacher
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
5. Ojaswita Narendra Bhave,
Age: 29 years, Occu. service,
Presently working as Special Teacher
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
6. Savita Suresh Shinde,
Age: 30 years, Occu. service,
Presently working as Special Teacher
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola, District Jalgaon.
7. Snehalata Dobha Salunke,
Age: 27 years, Occu. service,
Presently working as Special Teacher
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola,
District Jalgaon. ...PETITIONERS
versus
1. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantraalaya, Mumbai.
2. The Director of Education (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Nasik Division, Nasik.
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4. The Headmaster,
Dr. V.M. Jain Madhyamik Vidyalaya,
Parola, Taluka Parola,
District Jalgaon.
5. The Union of India. ...RESPONDENTS
.....
Mr. S.R. Barlinge, Advocate for petitioners
Mr. P.S. Patil, AGP for respondents No. 1 to 3
Mr. D.G. Nagode, Advocate for respondent No. 4
Mr. S.B. Deshpande, ASG for respondent No. 5
.....
CORAM : R.M. BORDE AND
K.K. SONAWANE, JJ.
ig DATED : 24 th OCTOBER, 2016.
ORAL JUDGMENT :- [ Per : R.M. Borde, J. ]
1. Heard.
2. Rule. Rule made returnable forthwith. With the consent of the
appearing parties, petitions are taken up for final decision at admission
stage.
3. This petitions arise out of identical facts and circumstances of the
writ petition bearing No. 1030 of 2016 (Shaikh Nasim S/o Shaikh
Ahmed Vs. The Union of India and others) and other companion
matters, decided on 25-08-2016. The Division Bench of this court,
while deciding writ petition bearing No. 1030 of 2016 and other
companion matters under judgment and order 25-08-2016, in
paragraphs No. 18 to 20 has observed, which read as under :
"18. In the light of the discussion in forgoing paragraphs,
we are convinced that in utter disregard to the principles of
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natural justice, without application of mind and by arbitrary
exercise of powers, the Director of Education has
withdrawn approvals granted to the services of the
petitions. On this ground alone, all the petitioners deserve
to be allowed, without touching to the merits of the matter.
19. In that view of the matter, we do not propose to
examine the other aspects which are agitated by the
petitioners on merits. In that view of the matter, we are of
the considered opinion that the impugned orders appear to
be result of arbitrary exercise of powers and suffer from not
assigning reasons, deserve to be quashed and set aside.
Accordingly, the impugned orders passed by the Director of
Education withdrawing the approvals to the services of the
petitioners, stand quashed and set aside. The approvals
granted to the services of the petitioners stand restored.
Needless to observe that, as a corollary of quashing and
setting aside the impugned orders withdrawing the
approvals, the petitioners would be entitled for salary for
the period for which they have rendered services and will
continue to draw salary, if they are rendering services in the
respective institutions. Needless to observe that since the
approvals granted to the service of the petitioners have been
restored by this Court, the respondents are directed to
ensure that the petitioners in whose cases the approvals
have been restored, and in whose cases the approvals are
pending consideration, should be disbursed the arrears of
salary due and payable after verifying their record of
attendance, as expeditiously as possible, however, within
two months from today, we make it clear that respondent
Nos. 2 to 4 in writ petition No. 1030/2016 will be held
responsible for implementation of directions issued herein
before including disbursement of the amount towards
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salary.
20. The Rule is made absolute to above extent. The writ
petitions stand disposed of accordingly. Civil Applications,
if any stands disposed of."
4. Since instant petitions arise out of similar set of facts and
circumstances, the same can also be conveniently disposed of in view
of the reasons recorded in writ petition bearing No. 1030 of 2016 and
other companion matters by issuing identical directions.
5.
In the circumstances, impugned orders passed by the Director of
Education withdrawing the approvals to the services of petitioners
stand quashed and set aside. Approvals granted to the services of the
petitioners stand restored. As a corollary of quashing and setting aside
the impugned orders withdrawing the approvals, the petitioners would
be entitled for the salary for the period for which they have rendered
services and will continue to draw salary subject to condition that they
continue to render services in respective institutions. It would be
responsibility of respondents to draw and disburse arrears of the salary
due payable after verifying their record of attendance, as expeditiously
as possible, preferably within a period of two months from today and it
is accordingly directed.
6. Rule is made absolute in above terms. Writ petitions stand
disposed of accordingly. No costs.
[K. K. SONAWANE, J.] [R.M. BORDE, J.]
MTK
