Neeta Gangadharrao Deshmukh & Ors vs State Of Mah & Ors
2017 Latest Caselaw 8988 Bom

                                                              W.P. No.7493/2004
                                      (( 1 ))


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                        WRIT PETITION NO.7493 OF 2004



 1.       Neeta d/o Gangadharrao Deshmukh,
          Age 34 years, Occu. Nil,
          R/o Shivajinagar, Nanded.

 2.       Nagorao s/o Sudam Kokare,
          Age 37 years, Occu. Nil,
          R/o Jaibhimnagar,
          Post Shivajinagar, Nanded

 3.       Raju s/o Baburao Mane,
          Age 23 years, Occu. Nil
          R/o Somesh Colony,
          Vazirabad, Nanded

 4.       Sharad s/o Yeshwantrao Deshmukh,
          Age 24 years, Occu. Nil,
          R/o C/o Pratibha Niketan College,
          Vazirabad, Nanded.

 5.       Pratibha Niketan Education Society,
          Nanded, through its General
          Secretary, Nanded.

 6.       Pratibha Niketan High School,
          Nanded

 7.       Pradnya Niketan Girls High School,
          Nanded, through its Head Mistress,
          Nanded.                            ...         PETITIONERS

          VERSUS

 1.       The State of Maharashtra
          through its Secretary,
          Government of Maharashtra
          Mantralaya, Mukbai - 32
          (Copy to be served on
          Government Pleader, High Court of
          Bombay, Bench at Aurangabad)



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                                                                   W.P. No.7493/2004
                                       (( 2 ))



 2.       The Education Officer (Secondary),
          Zilla Parishad, Nanded             ...             RESPONDENTS


                                .....
 Shri S.M. Kulkarni, Advocate for petitioners
 Mrs. M.A. Deshpande, Addl. G.P. for State
                                .....


                               CORAM:        RAVINDRA .V. GHUGE AND
                                             SUNIL K. KOTWAL, JJ.

DATED : 23rd NOVEMBER, 2017.

ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.) :

1. These petitioners are seeking a direction to the

Education Department, and especially the Education Officer

(Secondary), Zilla Parishad, to grant approval to the cases of the

petitioners as they are working in the non-teaching categories. A

further prayer is put forth that the Government Resolutions dated

6.2.2004 and 18.8.2004 be quashed and set aside.

2. Prayer clauses 21(b), (c) and (d) put forth by the

petitioners read as under :

(b) By issuing a writ of certiorari or any other appropriate writ, order or direction in the like nature, the order dated 22.4.2004 and 25.11.2004 issued by the respondent No.2, Education Officer (Secondary), Zilla Parishad, Nanded may kindly be quashed.

W.P. No.7493/2004 (( 3 ))

(c) By issuing a writ of certiorari or any other appropriate writ, order or direction in the like nature, the Government Resolutions dated 6th of February 2004 and 18th August 2004 passed by respondent No.1 may kindly be quashed.

(d) By issuing a writ of mandamus or any other appropriate writ, order or direction in the like nature, respondent No.2 may kindly be directed to grant approval to the petitioners.

3. Learned A.G.P. has pointed out, on the basis of the

Government Resolution dated 30.7.2004 that, the earlier

Government Resolution dated 6.2.2004 has already been

superseded and so also, the Government Resolution dated

30.7.2004 has subsequently lost its efficacy. It is further

submitted that, the State is yet to arrive at a conclusion with

regard to granting permanent approvals to the services of the

non-teaching categories at the school.

4. A communication dated 3.9.2004, by the Education

Officer (Secondary) to the Head Master of the petitioners' school

is placed on record to inform us that, temporary approval

pending the result of this petition has been granted to Smt. N.G.

Deshmukh, Shri R.B. Mane and Shri N.S. Kokare. The said

document, (2 pages) is marked "X" for identification.

W.P. No.7493/2004 (( 4 ))

5. Learned counsel for the petitioners submits that, the

fourth petitioner Shri Sharad Yeshwantrao Deshmukh is yet to

receive any such approval.

6. We are informed by the petitioners that, all of them

have been working pursuant to the interim orders of this Court,

dated 21.7.2005 and are in employment for more than 13 years.

All of them are in their mid 40s.

7. Learned counsel for the petitioners submits that, if

their services are protected by virtue of the interim orders, this

petition can be disposed of with a direction to the State to take

an early decision with regard to the cases of these petitioners

and similarly situated employees. In the alternative, he submits

that, this Court may direct grant of permanent approval.

8. Learned A.G.P. submits that, since the Government is

dealing with the said issue and is likely to take a decision, though

the time-frame cannot be speculated by her, the cases of these

petitioners could be made subject to the decision of the

Government, which would, in fact, be by way of a policy with

regard to such non-teaching employees. Learned counsel for the

petitioners is agreeable.

W.P. No.7493/2004 (( 5 ))

9. Considering the above, this petition is partly allowed

in terms of the interim order dated 21.7.2005.

10. The provisional approval granted to the petitioners

under the interim orders, shall continue till the Government takes

a decision with regard to such cases of the petitioners and

similarly situated employees. Needless to state, the services of

these petitioners shall not be dispensed with only for the reason

that they are yet to receive permanent approval. This protection

shall exclude cases of disciplinary action.

11. Rule is made partly absolute in these terms.

          ( SUNIL K. KOTWAL )             ( RAVINDRA V. GHUGE )
               JUDGE                             JUDGE




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