Wasudeo Anthuji Kharwade And ... vs The State Of Maharashtra, Through ...
2017 Latest Caselaw 9725 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.



               WRIT PETITION  Nos.7911, 7961, 7962, 7974, 7975, 
                          7976 AND 7990 OF  2017.

                                               ............

WRIT PETITION NO. 7911/2017.

1. Subhash Narayan Mhaske Aged 52 years, Occu - Service, R/o Balaji Nagar, Ward No. 5, Dongaon Road, Mehkar, Tal. Mehkar District Buldhana.

2. Eknath Nivruttin Khachane Aged 55 years, Occu - Service, R/O At Talaswada, Post Tandulwadi, Tah. Malakapur, District Buldhana.

3. Pralhad Supda Lonagre Aged 52 years, Occu - Service, R/O Ward No. 13, At Post Nandura, Tal. Nandura, District Buldhana.

4. Suresh Ramchandra Ingole Aged 49 years, Occu - Service, R/O At Post Shendla, Tal. Mehkar District Buldhana.

5. Gajanan Pralhad Handge Aged 51 years, Occu - Service, R/O Shikshak Colony, Ward No. 3, Dhamangaon (Badhe), Tal. Motala, District - Buldhana

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6. Rajesh Dayaram Chitode Aged 51 years, Occu - Service, R/O Sai Nagar, Near Murarka College, Shegaon, Tah. Buldhana ..........PETITIONERS.

VERSUS

1. The State Of Maharashtra Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Amravati Division, Amravati

4. The Education Officer (Secondary) Zilla Parishad, Buldhana

5. The Education Officer (Secondary), Zilla Parishad, Akola. ....RESPONDENTS.

WITH

WRIT PETITION NO. 7961/2017.

Sou. Sunita Omkar Madekar Aged 45 years, Occu - Service, R/o Ram Mandir Road, c/o. Kaveri Kirana Shop, Saoner, Tl. Saoner, District Nagpur. ..........PETITIONER.

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                                    VERSUS

1.      The State Of Maharashtra

Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Nagpur Division, Nagpur.

4. The Education Officer (Secondary) Zilla Parishad, Nagpur. ....RESPONDENTS.

WITH

WRIT PETITION NO. 7962/2017.

Smt. Indrayani Dinesh Johrapurkar, Aged 50 years, Occu - Service, R/o. 141, Bhagyalaxmi Apartments, Flat No. 102, Nandanwan, Nagpur. ..........PETITIONER.

VERSUS

1. The State Of Maharashtra Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

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3. The Deputy Director Of Education, Nagpur Division, Nagpur.

4. The Education Officer (Secondary) Zilla Parishad, Nagpur. ....RESPONDENTS.

WITH

WRIT PETITION NO. 7974/2017.

Keahso Ramdas Thosar, Aged 44 years, Occu - Service, R/o Ward no.24, Saoji Galli, Mehkar, Tal. Mehkar District Buldhana. ..........PETITIONER.

VERSUS

1. The State Of Maharashtra Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Amravati Division, Amravati

4. The Education Officer (Secondary) Zilla Parishad, Buldhana

5. Sardar Vallabhbhai Patel High School, Lonar, through its Head Master, Lonar, Tal. Lonar, District Buldhana. ....RESPONDENTS.

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WITH

WRIT PETITION NO. 7975/2017.

1. Wasudeo Antuji Kharwade, Aged 50 years, Occu - Service, R/o Hanuman Nagar, Kanhan, Tal. Parshioni, District Nagpur.

2. Anil Shalikram Kapgate, Aged 44 years, Occu - Service, R/O At Post Lawari (Umri), Tal. Sakoli, District Bhandara. ..........PETITIONERS.

VERSUS

1. The State Of Maharashtra Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Nagpur Division, Nagpur.

4. The Education Officer (Secondary) Zilla Parishad, Gondia. ....RESPONDENTS.

WITH

WRIT PETITION NO. 7976/2017.

Shriram Kewalarm Kapgate, Aged 53 years, Occu - Service, R/o. Ward No.3, Umari (Lawari)

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Tal. Sakoli, District Bhandara. ..........PETITIONER.

VERSUS

1. The State Of Maharashtra Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Nagpur Division, Nagpur

4. The Education Officer (Secondary) Zilla Parishad, Bhandara.

5. Namrata Vidyalaya and Junior College, Umari/Lawari, Tal. Sakoli, District Bhandara. ....RESPONDENTS.

WITH

WRIT PETITION NO. 7990/2017.

Prabhakar Bakaram Sahare, Aged 53 years, Occu - Service, R/o. Walmik Nagar, Wadsa Road Brahmapuri, District Chandrapur. ..........PETITIONER.

                                        VERSUS

1.      The State Of Maharashtra





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Through its Secretary, Department Of School Education, Mantralaya, Mumbai - 32.

2. The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune -1.

3. The Deputy Director Of Education, Nagpur Division, Nagpur.

4. The Education Officer (Secondary) Zilla Parishad, Chandrapur

5. Dr. Ambedkar Vidyalaya, Brahmapuri, through its Head Master, Brahmapuri, District Chandrapur.. ....RESPONDENTS.

----------------------------------- Mr. B.G. Kulkarni, Advocate for Petitioners. Ms. M.A. Barabde, Asstt. Govt. Pleader for Respondent Nos.1 to 4.

------------------------------------

CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ. DATED : DECEMBER 18, 2017.

ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)

Heard Shri B.G. Kulkarni, learned counsel for the petitioners and

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Ms. M.A. Barabde, learned A.G.P. on behalf of respondent nos. 1 to 4. By

their consent, Writ Petitions are taken up for final disposal by issuing Rule,

making the same returnable forthwith.

2. Grievance of petitioners before this Court is to grant them up-

gradation as Full Time Librarian i.e. from the date on which strength of

students exceeded 1000.

3. Learned A.G.P. appearing on behalf of the respondent State, has

pointed out that respective employers are not parties in some matters and

this Court has still not issued notice to respondents in the matters.

4. Perusal of the orders passed earlier by this Court shows that this

Court has not recorded any finding in any matter and keeping all

contentions open, has permitted the competent Authority of the State

Government to look into the facts, to verify the position and thereafter to

apply the Government Policy.

5. One such order is passed by this Court while disposing of Writ

Petition Nos. 6630, 6631 and 6481 of 2017 on 28.01.2015. Similar orders

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are passed in Writ Petition No. 1154/2017 on 18.03.2015 and in Writ

Petition Nos. 1272 and 1278 of 2015 on 20.01.2016. While disposing of

aforesaid Writ Petitions we have adopted similar course.

6. In this situation, even if respondents file any reply, it is apparent

that it would only bring on recored some disputed facts which may

ultimately be required to be ascertained by the Authorities only. Hence, in

the light of the order consistently passed by this Court at Nagpur,

Aurangabad and Mumbai, we direct the respondents to examine the

entitlement of petitioners to such up-gradation, as per law. The

respondents shall examine records and find out the relevant date on which

number of students exceeded 1000. Contingent upon it, effort shall be

made to apply the government resolution prescribing such up-gradation.

This exercise shall be completed within a period of three months from the

receipt of the order by the concerned Education Officer.

7. However, as petitioners have given up their claim of arrears of

salary, and pension benefits if available, would be notionally only for the

purpose of pay fixation notionally, time bound promotion for calculating

pensionary benefits in accordance with the Rules. The current pension

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payable to them shall also be hiked accordingly from 01.04.2018 onwards.

8. Accordingly, Writ Petitions are allowed. Rule is made absolute in

the aforesaid terms, with no order as to costs.

                             JUDGE                            JUDGE


Rgd.