Bombay High Court
Shaikh Nasim Ahmed Shaikh Ahmed vs The Union Of India And Others on 4 June, 2021
Bench: V. V. Kankanwadi
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 WRIT PETITION NO.6430 OF 2021
SHAIKH JAMEEL SHAIKH SHAKIL
VERSUS
THE UNION OF INDIA AND OTHERS
...
921 WRIT PETITION NO.6431 OF 2021
SAYYED SHAHIN SAYYED AZIZ
VERSUS
THE UNION OF INDIA AND OTHERS
...
923 WRIT PETITION NO.6433 OF 2021
SHAIKH NASIM AHMED SHAIKH AHMED
VERSUS
THE UNION OF INDIA AND OTHERS
...
Advocate for Petitioner : Mr. Kazi S.S.
Adv. Sudha Chintamani, Standing Counsel for Union of India
for Respondent No.1.
Mr. VM Kagne, AGP for Respondents:2, 3, 4 & 8
-----
CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 4th June, 2021.
(VACATION COURT)
PER COURT :-
1. The petitioners in all the petitions are
contending that they were appointed as Special
Teachers. The Government of India, Ministry of
Human Resource Department, instructed the Education
Secretary, Government of Maharashtra to implement a
new Scheme of Inclusive Education for Disabled at
Secondary Stage and under the said Scheme, the
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petitioners were appointed. Some of the teachers,
including the present petitioners, had approached
this Court in Writ Petition No.1030/2016 and
companion matters for various reliefs, including
grant of permanency. Some of them were granted
permanency prior to the Writ Petition and as
regards others, it was pending. The said Writ
Petitions came to be decided on 25.8.2016 by the
Division Bench of this Court, wherein, the impugned
orders passed by the Director of Education,
withdrawing the approvals to the services of the
petitioners, were quashed and set aside. The
approvals granted to the services of the
petitioners stood restored and consequential
reliefs regarding the salary appears to have been
granted. Thereafter it appears that a Circular has
been issued on 4th February, 2021 by the State
Project Co-ordinator of the said Scheme, giving
status to the Special Teachers for District-wise
placement and it appears to be that it is now done
on contractual basis and accordingly further orders
have been issued on 16th March, 2021 and 17th May,
2021. It also appears from the communication that
now their salaries have been decreased and even the
nature of their duties is also tried to be changed
for which there are separate guidelines.
2. Learned AGP submitted that he will have
to take instructions as to whether the Judgment and
Order passed by the Division Bench of this Court in
WP No.1030/2016 has been further challenged or not.
However, the learned Advocate for the petitioners
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has pointed out the order passed in WP St.No.
5586/2021 and companion matters by the Division
Bench at Nagpur Bench on 9.4.2021 in respect of
similarly situated Special Teachers, thereby
granting ad interim stay therein.
3. Taking into consideration the points
raised, similar order deserves to be passed in
these writ petitions also. Hence, following order,
-
ORDER
i. Issue notice to the respondents,
returnable on 18th June, 2021.
ii. Learned AGP and learned Standing
Counsel waive service for respective
respondents.
iii. Till then, there shall be ad
interim stay to the effect and operation
of the impugned communications until
further orders.
iv. Place the matters before the
appropriate Division Bench on 18 th June,
2021.
(SMT. VIBHA KANKANWADI)
JUDGE
BDV
