Bombay High Court
Dattatraya Shyamrao Kamble vs The President, Raje Sambhaji Shikshan ... on 9 April, 2025
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2025:BHC-AS:16688-DB
906. WP.10916.2016&WP.10922.2016-J.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10916 OF 2016
Dattatraya Shyamrao Kamble ) ...Petitioner.
Versus
1. The President, )
Raje Sambhaji Shikshan and )
Krida Prasarak Mandal, Nizampur )
Tal. Sangola, District: Solapur )
2. The Head Master, )
Nizampur High School, Nizampur )
Tal. Sangola, District: Solapur )
3. The Education Officer (Secondary), )
Zilla Parishad, Solapur having office )
at Zilla Parishad Compound, Solapur )
4. State of Maharashtra )
Through Secretary, School, Education and )
Sports Department, Mantralaya )
Mumbai - 400032 )
5. Chandrakant Sida Shinde )
Age: Adult, Occ. Teacher, )
R/o. Vasud, Tal. Sangola, District: Solapur )
6. Meenakshi Sahebrao Patil )
Age: Adult, Occ. Teacher, )
R/o. Dattanagar, Tal. Sangola )
District: Solapur ) ...Respondents.
WITH
WRIT PETITION NO.10922 OF 2016
Madhukar Narayan Karande ...Petitioner.
Versus
1. The President, )
Raje Sambhaji Shikshan and )
Krida Prasarak Mandal, Nizampur )
akn 1
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906. WP.10916.2016&WP.10922.2016-J.doc
Tal. Sangola, District: Solapur )
2. The Head Master, )
Nizampur High School, Nizampur )
Tal. Sangola, District: Solapur )
3. The Education Officer (Secondary), )
Zilla Parishad, Solapur having office )
at Zilla Parishad Compound, Solapur )
4. State of Maharashtra )
Through Secretary, School, Education and )
Sports Department, Mantralaya )
Mumbai - 400032 )
5. Chandrakant Sida Shinde )
Age: Adult, Occ. Teacher, )
R/o. Vasud, Tal. Sangola, District: Solapur )
6. Meenakshi Sahebrao Patil )
Age: Adult, Occ. Teacher, )
R/o. Dattanagar, Tal. Sangola )
District: Solapur ) ...Respondents.
****
Mr. Prasad B. Kulkarni, Advocate for the Petitioners in both Petitions.
Mr. N. C. Walimbe, Additional Government Pleader a/w. Mr. S. B. Kalel for
the Respondent Nos. 3 & 4 in WP/10916/2016.
Mrs. R. A. Salunkhe, Assistant Government Pleader for the Respondent
Nos. 3 and 4 in WP/10922/2016
Mr. Anant Vadgaonkar, Advocate for the Respondent Nos. 1 and 2
****
CORAM : A. S. CHANDURKAR &
M. M. SATHAYE, JJ.
DATED : 09th APRIL 2025
ORAL JUDGMENT (Per A. S. CHANDURKAR, J):
1. Rule. Rule made returnable forthwith. Heard finally by the consent of
906. WP.10916.2016&WP.10922.2016-J.doc
learned Counsel for the parties.
2. In these Writ Petitions, a challenge is raised to the communication
dated 14/09/2016 issued by the Education Officer (Secondary), Zilla
Parishad, Solapur by which the services of various Assistant Teachers were
declared as surplus. The present Petitioners are shown at serial nos. 92 and
82 of the said list respectively. While issuing the notice in the Writ Petitions,
this Court on 22/09/2016 granted interim relief staying the effect and
operation of the communication dated 14/09/2016 in so far as it is related
to the Petitioners.
3. Today the learned Additional Government Pleader on instructions
from the concerned Education Officer (Secondary), submits that the
Petitioners are still working as Assistant Teachers at the Respondent No. 1-
Institution on sanctioned posts. He therefore submits that as of today the
Petitioners cannot be treated to be surplus at the Respondent No. 1-School.
He further submits that if the services of the Petitioners are continued at the
same school, they would continue to receive their regular salary. The
communication dated 07/04/2025 issued by the Education Officer
(Secondary) Zilla Parishad, Solapur to that effect is taken on record and
marked "A" for identification.
4. In view of this stand of the Education Officer which is accepted, it is
declared that the impugned communication dated 14/09/2016 by which the
Petitioners were treated as surplus, would not be applicable to the present
Petitioners. Needless to state that the Petitioners would continue to serve as
Assistant Teachers at the Respondent No. 1-Institution and would also
continue to receive their regular salary. The Education Officer (Secondary)
to accordingly issue consequential orders of repatriation of the Petitioners.
906. WP.10916.2016&WP.10922.2016-J.doc
5. Rule is disposed of in the aforesaid terms with no order as to costs.
6. All concerned to act on duly authenticated or digitally signed copy of
this judgment.
(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J)
