Namdeo Tukaram Dhonnar And Anr vs The State Of Maharashtra Thr ...
2023 Latest Caselaw 5390 Bom

                                                  905-ASWP-6693-2023.DOC




 Ganesh



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 6693 OF 2023


 Namdeo Tukaram Dhonnar & Ors                                     ...Petitioners
      Versus
 The State of Maharashtra & Ors                                 ...Respondents


 Mr SB Talekar, i/b Talekar & Associates for the Petitioner.
 Mr VM Mali, AGP, for the Respondent-State.


                               CORAM    G.S. Patel &
                                        Neela Gokhale, JJ.

DATED: 9th June 2023 PC:-

1. In view of subsequent developments as recently as yesterday, Mr Talekar seeks a such short adjournment to take instructions and if necessary to move a draft amendment.

2. However, in the meantime, Mr. Talekar seeks protection in terms of prayer clause (D) at page 38 which reads thus:

"D. To grant interim injunction restraining the respondents, their agents, subordinates, servants and any one acting on their behalf from discontinuing or terminating the service of petitioners either as primary teachers or as secondary teachers in Ashram Schools under Tribal Development, as the case may be, pending hearing and final disposal of this petition."

9th June 2023

905-ASWP-6693-2023.DOC

3. The circular in question of 25th May 2023 is at pages 117 to 118 of the Petition. Similar to many such recently issued, it proposes to institute a recruitment process of teachers via outsourcing for Ashram schools for the academic year 2023-24. Apart from the fact that there are decisions of this Court that disapprove of this process of outsourcing, the case of the Petitioners is that there is every likelihood that they will be rendered jobless despite having served for 8 to 10 years. One of the concerns of the Petitioners is that since their dates of appointment, which go back to 2013 for two Petitioners and 2015 for one Petitioner, they have apparently been continued on some ad hoc or contractual basis year on year. This means that they have been engaged to provide teaching services for successive limited periods interspersed with what are known as "technical breaks". We have previously in several judgments and orders disapproved of this practice of engaging teachers for long durations on an ad hoc or contractual basis. The device of 'technical breaks' presents an fruitless counter-argument. The law does not permit this.

4. Another singular grievance by Mr Talekar is that there are long stretches of time for which the Petitioners were asked to work, and which can be evidenced by the respective muster rolls, but for which they received no payment at all.

5. Now, on account of the impugned circular, the Petitioners find themselves in a situation, according to Mr Talekar, where their entire past record of service will be discounted and by following the outsourcing process, others will be appointed as teachers, thus

9th June 2023

905-ASWP-6693-2023.DOC

completely displacing them. For the purposes of ad-interim relief therefore, and on the limited aspect of balance of convenience, we believe there is a sufficient cause to grant an ad-interim stay in terms of prayer clause (D) until the next date of hearing.

6. List the matter on next Friday 16th June 2023.

 (Neela Gokhale, J)                                         (G. S. Patel, J)





                               9th June 2023