Rameshwar Namdeo Daberao vs Education Officer (Primary), Z. ...
2017 Latest Caselaw 1277 Bom

34-WP-776-17                                                                                         1/2


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

                               WRIT PETITION NO.776 OF 2017
                                              

Rameshwar Namdeo Daberao
Age 35 years, Occ. Service, 
R/o Patardi, Tq. Telhara, 
Dist. Akola                                                        ... Petitioner. 

-vs-

Education Officer (Primary), 
Zilla Parishad, Akola
Tq. and Dist. Akola                                                ... Respondent


Shri P. S. Patil, Advocate for petitioner. 
Shri K. S. Malokar, Advocate for respondent. 

                                                  CORAM  :  B. R. GAVAI &
                                                               A. S. CHANDURKAR, JJ.  

DATE : March 29, 2017

Oral Judgment (Per B. R. Gavai, J.)

The petitioner had approached this Court by filing W.P.No.52 of 2016

seeking a direction to the respondent to absorb the petitioner in some other

school. The petition was allowed vide order dated 04/05/2016 and the

Education Officer was directed to place the name of the petitioner in the list

of surplus teachers who are entitled to be absorbed in some other schools.

Undisputedly the said order has reached finality.

2. The petitioner's name has already been included in the seniority list

maintained by the Education Officer as could be seen by communication

34-WP-776-17 2/2

dated 10/10/2016. One primary school namely Primary Vidya Mandir,

Andura, Tal. Balapur is also willing to absorb the petitioner as per its

communication dated 22/11/2016 which is annexed at Annexure-VI to the

petition. However perusal of the reply of Education Officer reveals that he

has expressed his difficulty since the Director of Education has directed the

absorption to be done only by online process and hence the same cannot be

done.

3. When there is a specific direction issued by this Court in W.P.

No.52/2016 vide order dated 04/05/2016, the Education Officer is bound to

absorb the services of the petitioner. When a school is willing to absorb

the petitioner, there should not be any difficulty in complying with the said

directions.

4. In that view of the matter, the Education Officer is directed to issue

necessary absorption order within period of two weeks from today.

Rule is made absolute in aforesaid terms with no order as to costs.

                                                           JUDGE                          JUDGE
 

Asmita