Bombay High Court
Tatyaram Dhanlal Kanade And Others vs The State Of Maharashtra And Others on 24 January, 2018
Author: S.S.Shinde
Bench: S.S.Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.217 OF 2018
1. Tatyaram S/o Dhanlal Kanade
Age : 33 years, Occ : Teacher,
R/o At Post Dhekumoha, Tq. & Dist. Beed.
2. Udhav S/o Piraji Ghodke
Age : 33 years, Occ : Teacher,
R/o At. Post Rajuri Ghodka,
Tq. & Dist. Beed.
3. Nitin S/o Dattarya Sarode
Age : 31 years, Occ : Teacher,
R/o At. Post. Rajuri (N),
Tq. & Dist. Beed.
4. Satish S/o Gangaram Salunke
Age : 36 years, Occ : Teacher,
R/o At. Post Pali, Tq. & Dist. Beed.
5. Gorkshnath S/o Atmaram Giram
Age : 36 years, Occ : Teacher,
R/o At. Post. Bhwanwadi Post.
Shivani, Tq. & Dist. Beed.
6. Dinkar Revnath Ghord
Age : 36 years, Occ : Teacher,
R/o At Post. Kalegaon (H)
Post. Nalwandi, Tq. & Dist. Beed.
7. Navnath Shankar Bhosle
Age : 44 years, Occ : Teacher,
R/o At Post. Khardewadi,
Yelamb Ghat, Tq. & Dist. Beed.
8. Ashok Sakharam Sapre
Age : 35 years, Occ : Teacher,
R/o At. Post. Rakshanbhuwan
(Tamba) Shirur, (Ka). Ji.Beed.
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9. Dattarya Kashinathrao Kavchat
Age : 36 years, Occ : Teacher,
R/o At Post. Parbhani (Ke),
Tq. & Dist. Beed.
10. Mira Shriram Gholap
Age : 32 years, Occ : Teacher,
R/o At Post. Parbhani (Kesapuri),
Tq. & Dist. Beed.
11. Khilare Keshav Jalindar
Age : 30 years, Occ : Teacher,
R/o At Pokari, Post. Limbaganesh,
Tq. & Dist. Beed.
12. Mane Mainabai Haridas
Age : 41 years, Occ : Teacher,
R/o Balbhim Colony, East,
Sawarjya Nagar, Beed.
13. Ghodke Mukund Raosaheb
Age : 31 years, Occ : Teacher,
R/o R-House No.9, Swvrajy Nagar,
Barshi Road, Beed.
14. Ghorad Atul Asaram
Age : 31 years, Occ : Teacher,
R/o At Post Dhekanmoha,
Tq. & Dist. Beed.
15. Yede Laxmikant Padmakar
Age : 31 years, Occ : Teacher,
R/o At Post. Anjanvati, Beed.
16. Rahul Shrirang Homkar
Age : 31 years, Occ : Teacher,
R/o At Post. Neknoor,
Beed, Tq. & Dist. Beed.
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17. Yede Rajendra Sarjerao
Age : 32 years, Occ : Teacher,
R/o At. Post. Morgaon,
Beed, Tq. & Dist. Beed.
18. Khilare Mahadev Laxman
Age : 33 years, Occ : Teacher,
R/o At. Post Pokari,
Limbaganesh, Beed.
19. Sonpasare Limbaji Maruti,
Age : 31 years, Occ : Teacher,
R/o At Post. Majatgaon,
Tq. Majalgaon, Dist. Beed.
20. Sonpasare Rajkumar Maruti
Age : 32 years, Occ : Teacher,
R/o At Post. Majatgaon,
Tq. Majalgaon, Dist. Beed.
21. Khakre Machindra Trimbak
Age : 32 years, Occ : Teacher,
R/o At. Post. Neknoor,
Tq. & Dist. Beed.
22. Ayesha Nahid Noorkhan Pathan
Age : 30 years, Occ : Teacher,
R/o At Laxman Nagar, Beed,
Tq. & Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed.
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4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 218 OF 2018
1. Karbhari S/o Ashruba Khedkar
Age : 46 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Ghatshil Pargaon, Tq. Shirur (Kasar),
Dist. Beed.
2. Prabhakar S/o Maroti Wagh
Age : 40 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Ghatshil Pargaon,
Tq. Shirur (Kasar), Dist. Beed.
3. Arun S/o Ramkisan Misal,
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Dhangarwadi, Tq. Shirur (Kasar),
Dist. Beed.
4. Anant S/o Narayan Sanap
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Central Primary School,
Raimoha, Tq. Shurur (Kasar),
Dist. Beed.
5. Sunil S/o Tukaram Ware
Age : 32 years, Occ : teacher,
R/o C/o Z.P. Central Primary School,
Kanhobachiwadi, Tq. Shirur (Kasar),
Dist. Beed.
6. Mahadeo S/o Babasaheb Raut
Age : 36 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Warani, Tq. Shirur (Kasar),
Dist. Beed.
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7. Jitendra S/o Maruti Sangale
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Anandwadi, Tq. Shirur (Kasar),
Dist. Beed.
8. Sudhir S/o Sadashiv Shelke
Age : 34 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Zapewadi, Tq. Shirur (Kasar),
Dist. Beed.
9. Balasaheb S/o Pandurang Kurude
Age : 36 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Zapewadi, Tq. Shirur (Kasar),
Dist. Beed.
10. Parasram S/o Raosaheb Khedkar
Age : 43 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Warani, Tq. Shirur (Kasar),
Dist. Beed.
11. Ashok S/o Arjun Sanap
Age : 35 years, Occ : Teacher,
R/o C/o Z.P. Central Primary School,
Khalapuri, Tq. Shirur (Kasar),
Dist. Beed.
12. Archana W/o Chandrakant Parve
Age : 30 years, Occ : Teacher,
R/o C/o Z.P. Central Primary School,
Gomalwada, Tq. Shirur (Kasar),
Dist. Beed.
13. Jaishri W/o Mahadeo Sangale
Age : 30 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Kanya Khokarmoha,
Tq. Shirur (Kasar), Dist. Beed.
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14. Sambhaji S/o Vitthalrao Sonwane
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Central Primary School,
Khalapuri, Tq. Shirur (Kasar),
Dist. Beed.
15. Balu S/o Ashruba Nagargoje
Age : 37 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Therala, Tq. Patoda, Dist. Beed.
16. Pravin S/o Navnath Kalushe
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Karanjawan, Tq. Patoda,
Dist. Beed.
17. Ganesh S/o Vikram Misal
Age : 36 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Nandewali, Tq. Shirur (Kasar),
Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
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WITH
WRIT PETITION NO. 219 OF 2018
1. Shivshankar S/o Vitthalrao Vharkate
Age : 34 years, Occ : Teacher,
R/o Gavandara, Tq. Dharur,
Dist. Beed.
2. Suvarnamala Chandrakant Munde
Age : 30 years, Occ : Teacher,
R/o Tadsonna, Tq. Dharur,
Dist. Beed.
3. Anita Santram Andhale
Age : 40 years, Occ : Teacher,
R/o Gavandara, Tq. Dharur,
Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 220 OF 2018
1. Sudarshan S/o Abhimanyu Kale
Age : 30 years, Occ : Teacher,
R/o C/o Z.P. Secondary School,
Dharur, Tq. Dharur, Dist. Beed.
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2. Pappu S/o Pandurang Rathod
Age : 28 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Chardari, Tq. Dharur,
Dist. Beed.
3. Digamber S/o Prakash Kore
Age : 34 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Pimpalwad, Tq. Dharur,
Dist. Beed.
4. Kalpana Vallabhrao Chavan
Age : 38 years, Occ : Teacher,
R/o C/o Z.P. Primary Kanya School,
Dharur, Tq. Dharur, Dist. Beed.
5. Krishna S/o Shivaji Andil
Age : 28 years, Occ : Teacher,
R/o Z.P. Primary School, Jawala (K),
Center DeoDahifal, Tq. Dharur,
Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
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WITH
WRIT PETITION NO. 221 OF 2018
1. Arun S/o Vasantrao Jogdand
Age : 39 years, Occ : Teacher,
R/o C/o Z.P. Aranwadi Centre :
Ambewadgaon, Tq. Dharur, Dist. Beed.
2. Ashok S/o Trimbakrao Shinde
Age : 37 years, occ : Teacher,
R/o C/o Z.P. Kanya Primary School,
Tq. Dharur, Dist. Beed.
3. Jagdish S/o Uttam Bankar
Age : 33 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Murshadpur, Centre : Rajuri (Navgan),
Tq. & Dist. Beed.
4. Satish S/o Shahadeo Gawade
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Pimaplwadi, Centre : Pimpalwadi,
Tq. & Dist. Beed.
5. Shrihari S/o Shambhu Bade
Age : 35 years, Occ : Teacher,
R/o C/o Z.P. Secondary School,
Bhogalwadi, Tq. Dharur,
Dist. Beed.
6. Lata Suryabhan Saraskar
Age : 45 years, Occ : Teacher,
R/o C/o Z.P. Aranwadi
Centre : Ambewadgaon,
Tq. Dharur, Dist. Beed.
7. Jyotsna Uddhavrao Tambare
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Asola, Tq. Dharur, Dist. Beed.
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8. Anant S/o Nanabhau Jadhvar
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Nagzari, Tq. Kaiz, Dist. Beed.
9. Hanumant S/o Baliram Mhantre
Age : 34 years, Occ : Teacher,
R/o C/o Z.P. Secondary School,
Kari, Tq. Dharur, Dist. Beed.
10. Sarjerao S/o Banshi Chavan
Age : 43 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Sonimoha, Tq. Dharur, Dist. Beed.
11. Sanjay S/o Bira Lawate
Age : 33 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Ganjpur, Tq. Dharur,
Dist. Beed.
12. Anjali Sambhajirao Bansode
Age : 32 years, Occ : Teacher,
R/o C/o Z.P. Primary School,
Sonimoha, Tq. Dharur, Dist. Beed.
Dist. Beed. ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
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WITH
WRIT PETITION NO. 538 OF 2018
1. Santosh S/o Kalidas Partapure
Age : 30 years, Occ : Service,
R/o Talwada, Tq. Georai,
Dist. Beed.
2. Gorakshnath S/o Mohan Pawar
Age : 34 years, Occ : Service,
R/o Kekatpangri,
Tq. Georai, Dist. Beed.
3. Bapusaheb S/o Annasaheb Tarukar
Age : 39 years, Occ : Service,
R/o Sidhivinayak Colony, Georai,
Tq. Georai, Dist. Beed.
4. Shyamlal S/o Angad Nawale
Age : 32 years, Occ : Service,
R/o Rui, Tq. Georai,
Dist. Beed.
5. Rahulkumar S/o Rameshrao Ghadge
Age : 30 years, Occ : Service,
R/o Ganesh Nagar, Georai,
Tq. Georai, Dist. Beed.
6. Vishal S/o Pandurang Kulkarni
Age : 31 years, Occ : Service,
R/o Rangar Chouk, Georai,
Tq. Georai, Dist. Beed.
7. Jalindar S/o Dinkar Thavare
Age : 34 years, Occ : Service,
R/o Dhondrai, Tq. Georai,
Dist. Beed.
8. Lahu S/o Hanuman Pawar
Age : 33 years, Occ : Service,
R/o Mauli Nagar, Georai,
Tq. Georai, Dist. Beed
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9. Santosh S/o Radhakisan Kothekar
Age : 29 years, Occ : Service,
R/o Kolher Road, Georai,
Tq. Georai, Dist. Beed.
10. Anil S/o Dashrath Valvi
Age : 31 years, Occ : Service,
R/o Shevalal Nagar, Georai,
Tq. Georai, Dist. Beed.
11. Ramdas S/o Maroti Amle
Age : 35 years, Occ : Service,
R/o Mitranagar, Beed
Tq. Beed, Dist. Beed.
12. Mahendra S/o Raosaheb Mawade
Age : 30 years, Occ : Service,
R/o M. Phule Nagar, Georai,
Tq. Georai, Dist. Beed.
13. Sachin S/o Kisanrao Bhandare
Age : 30 years, Occ : Service,
R/o Bhendtakli,
Tq. Georai, Dist. Beed.
14. Prakash S/o Namdevrao Galfade
Age : 35 years, Occ : Service,
R/o Talwada, Tq. Georai,
Dist. Beed.
15. Amol S/o Sopanrao Mankatwad
Age : 32 years, Occ : Service,
R/o Gajanan Nagar, Georai,
Tq. Georai, Dist. Beed.
16. Satish S/o Namdeorao Atram
Age : 34 years, Occ : Service,
R/o Ahilya Nagar, Georai,
Tq. Georai, Dist. Beed.
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17. Jagannath S/o Narayanrao Jadhav
Age : 34 years, Occ : Service,
R/o Dhondrai, Tq. Georai,
Dist. Beed.
18. Ganesh S/o Bhausaheb Payghan
Age : 30 years, Occ : Service,
R/o Chaklamba, Tq. Georai,
Dist. Beed.
19. Rajendra S/o Umajirao Choudari
Age : 45 years, Occ : Service,
R/o Padalshingi, Tq. Georai,
Dist. Beed.
20. Supriya D/o Somnath Wagh
Age : 40 years, Occ : Service,
R/o Dhondrai, Tq. Georai,
Dist. Beed.
21. Sarang S/o Suryakantrao Deshpande
Age : 33 years, Occ : Service,
R/o Shikshak Colony, Georai,
Tq. Georai, Dist. Beed.
22. Dharmaraj S/o Suresh Karpe
Age : 29 years, Occ : Service,
R/o Dhondrai, Tq. Georai,
Dist. Beed.
23. Mirza Imran Baig Kaisar Baig
Age : 35 years, Occ : Service,
R/o Balepir, Nagar Road, Beed,
Tq. Beed, Dist. Beed.
24. Babasaheb S/o Gunaji Algude
Age : 34 years, Occ : Service,
R/o Shidhivinyak, Georai,
Tq. Georai, Dist. Beed.
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25. Sachin S/o Changdev Tahkik
Age : 30 years, Occ : Service,
R/o Mahartakli, Tq. Georai,
Dist. Beed.
26. Nitin S/o Balasaheb Jadhav
Age : 30 years, Occ : Service,
R/o Chaklamba, Tq. Georai,
Dist. Beed.
27. Shoukat Yusuf Shaikh
Age : 33 years, Occ : Service,
R/o Madalmohi, Tq. Georai,
Dist. Beed.
28. Sudam S/o Navnath Wanjare
Age : 34 years, Occ : Service,
R/o Dhondrai, Tq. Georai,
Dist. Beed.
29. Premdeep S/o Maroti Sidam
Age : 30 years, Occ : Service,
R/o M. Phule Nagar, Georai,
Tq. Georai, Dist. Beed.
30. Namdev S/o Shivraj Apet
Age : 32 years, Occ : Service,
R/o Agarnandur, Tq. Georai,
Dist. Beed.
31. Ramhari S/o Pralhad Nagargoje
Age : 37 years, Occ : Service,
R/o Gulaj, Tq. Georai,
Dist. Beed.
32. Parmeshwar S/o Rambhau Shinde
Age : 31 years, Occ : Service,
R/o Guntegaon, Tq. Georai,
Dist. Beed.
33. Sanjay S/o Umrao Pandhare
Age : 35 years, Occ : Service,
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R/o Dhondrai, Tq. Georai,
Dist. Beed.
34. Bhagwan S/o Dnyandev Shinde
Age : 30 years, Occ : Service,
R/o Patharwala (Bk),
Tq. Georai, Dist. Beed.
35. Nitin S/o Shamrao Tibole
Age : 30 years, Occ : Service,
R/o Bangali Pimpala,
Tq. Georai, Dist. Beed.
36. Sharad S/o Trimbakrao Tambare
Age : 31 years, Occ : Service,
R/o Shirasmarg, Tq. Georai,
Dist. Beed.
37. Vijay S/o Shahaji More
Age : 31 years, Occ : Service,
R/o Takalgavhan, Tq. Georai,
Dist. Beed.
38. Mahesh S/o Baliram Narwade
Age : 33 years, Occ : Service,
R/o Jayakwadi Vasahat, Georai,
Tq. Georai, Dist. Beed.
39. Makardhawaj S/o Maroti Jagtap
Age : 37 years, Occ : Service,
R/o Padalsingi, Tq. Georai,
Dist. Beed.
40. Sunil S/o Kondbaji Bodkhe
Age : 31 years, Occ : Service,
R/o Gadhi, Tq. Georai,
Dist. Beed.
41. Angad S/o Baburao Kakade
Age : 33 years, Occ : Service,
R/o Nipani Javalka,
Tq. Georai, Dist. Beed.
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42. Manoj S/o Arun Paithankar
Age : 36 years, Occ : Service,
R/o Gadhi, Tq. Georai,
Dist. Beed.
43. Bhagwat S/o Babasaheb Jaybhay
Age : 34 years, Occ : Service,
R/o Bangali Pimpala, Tq. Georai,
Dist. Beed.
44. Ganesh S/o Indrajit Phad
Age : 34 years, Occ : Service,
R/o Gadhi, Tq. Georai, Dist. Beed.
45. Rajkumar S/o Ashokrao Vavhal
Age : 34 years, Occ : Service,
R/o Pachegaon, Tq. Georai,
Dist. Beed.
46. Sachin S/o Tulshiram Gaikwad
Age : 33 years, Occ : Service,
R/o Georai, Tq. Georai,
Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
2. The State of Maharashtra
Through the Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary),
Maharashtra State, Pune.
4. The Chief Executive Officer,
Zilla Parishad, Beed.
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5. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 575 OF 2018
1. Shivaji S/o Mahadeo Khude
Age : 31 years, Occ : Service,
R/o C/o Z.P. P.S. Primary (Ghata),
Tq. Ashti, Dist. Beed.
2. Dnyaneshwar S/o Dattatraya Dahiwale
Age : 33 years, Occ : Service,
R/o C/o Z.P. P.S. Gandhanwadi,
Post. Kotan, Tq. Patoda,
Dist. Beed.
3. Ratnakar S/o Kisan Chavan
Age : 38 years, Occ : Service,
R/o C/o Z.P. P.S. Chinchala,
Post. Beed Sangvi, Tq. Ashti,
Dist. Beed.
4. Smt. Pathan Avija Maheboob
Age : 31 years, Occ : Service,
R/o C/o Z.P.P.S. Kotan,
Tq. Patoda, Dist. Beed.
5. Sachin S/o Suryabhan Warangule
Age : 31 years, Occ : Service,
R/o C/o Z.P. P.S. Pangulgavhan,
Tq. Ashti, Dist. Beed.
6. Suvarta S/o Anantrao Gavale
Age : 36 years, Occ : Service,
R/o C/o Z.P. P.S. Khilad,
Tq. Ashti, Dist. Beed.
7. Sandip S/o Dnyandeo Sonwane
Age : 34 years, Occ : Service,
R/o C/o Z.P.P.S. Pundi,
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Tq. Ashti, Dist. Beed.
8. Devidas S/o Bapu Shinde
Age : 36 years, Occ : Service,
R/o C/o Z.P.P.S. Zambarwadi,
Tq. Patoda, Dist. Beed.
9. Dhiraj S/o Shankarsingh Rajput
Age : 31 years, Occ : Service,
R/o C/o Z.P. P.S. Wahira,
Tq. Ashti, Dist. Beed.
10. Annasaheb S/o Ashok Ghodke
Age : 31 years, Occ : Service,
R/o C/o Z.P. P.S. Jarewadi,
Center Pimpalwandi,
Tq. Patoda, Dist. Beed.
11. Ganesh S/o Dattatraya Sonwane
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Sudevala,
Tq. Ashti, Dist. Beed.
12. Janak S/o Pralhad Pokale
Age : 36 years, Occ : Service,
R/o C/o Z.P. P.S. Lambarwadi,
Tq. Patoda, Dist. Beed.
13. Vikas S/o Dattatraya Kardile
Age : 34 years, Occ : Service,
R/o C/o Z.P.P.S. Ambhora,
Tq. Ashti, Dist. Beed.
14. Devidas S/o Raosaheb Bhavar
Age : 32 years, Occ : Service,
R/o C/o Z.P.P.S. Dongargan,
Tq. Ashti, Dist. Beed.
15. Mahesh S/o Ramchandra Bhalerao
Age : 31 years, Occ : Service,
R/o C/o Z.P. P.S. Pimparkhed,
Tq. Ashti, Dist. Beed.
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16. Balasaheb S/o Dattatraya Bansode
Age : 32 years, Occ : Service,
R/o C/o Z.P. P.S. Saratewadgaon,
Tq. Ashti, Dist. Beed.
17. Vishal S/o Ramchandra Chavan
Age : 32 years, Occ : Service,
R/o C/o Z.P.P.S. Kapsi,
Tq. Ashti, Dist. Beed.
18. Devidas S/o Raghunath Tantak
Age : 34 years, Occ : Service,
R/o C/o Z.P. P.S. Gandhanwadi,
Center, Amalner, Tq. Patoda,
Dist. Beed.
19. Ankush S/o Dattu Garje
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Palve Mahadikvasti,
Tq. Ashti, Dist. Beed.
20. Arun S/o Bajirao Datar
Age : 31 years, Occ : Service,
R/o C/o Z.P.P.S. Pimparkhed,
Center Dhanora,
Tq. Ashti, Dist. Beed.
21. Sanjay S/o Jagannath Lande
Age : 40 years, Occ : Service,
R/o C/o Z.P.P.S. Belgaon,
Tq. Ashti, Dist. Beed.
22. Smt. Bharti Dnyandeo Khandave
Age : 38 years, Occ : Service,
R/o C/o Z.P.P.S. Chikhali,
Center Pargaon, Tq. Ashti,
Dist. Beed.
23. Maroti S/o Pandharinath Pathade
Age : 43 years, Occ : Service,
R/o C/o. Z.P. Middle School,
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Ashta (H), Tq. Ashti,
Dist. Beed.
24. Smt. Hirabai Narhari Babar
Age : 52 years, Occ : Service,
R/o C/o Z.P. P.S. Matawali,
Tq. Ashti, Dist. Beed.
25. Sanjay S/o Dattatraya Sarde
Age : 44 years, Occ : Service,
R/o C/o C.P.S. Matkuli,
Tq. Ashti, Dist. Beed.
26. Vijay S/o Dattatraya Tambe
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Umbarvihara,
At Post. Tamba Rajuri,
Tq. Patoda, Dist. Beed.
27. Annasaheb S/o Mahadeo Khandagale
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Nakarwadi
Center Pargaon (D),
Tq. Patoda, Dist. Beed.
28. Ashok S/o Jagannath Kokate
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Waghora,
Center, Vaidya Kini,
Tq. Patoda, Dist. Beed.
29. Raghunath S/o Ajinath Gopaldhare
Age : 40 years, Occ : Service,
R/o C/o Z.P.P.S. Manzari (Ghat),
Center Daskhed, Tq. Patoda,
Dist. Beed.
30. Balasaheb S/o Ankush Musale
Age : 34 years, Occ : Service,
R/o C/o Z.P.P.S. Bedukwadi,
Center Daskhed,
Tq. Patoda, Dist. Beed.
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31. Popat S/o Parshuram Sable
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Lambarwadi,
Tq. Patoda, Dist. Beed.
32. Nagnath S/o Pandharinath Jaybhaye
Age : 41 years, Occ : Service,
R/o C/o Z.P. P.S. Ganeshwadi,
Tq. Ashti, Dist. Beed.
33. Ganesh S/o Bapurao Mhaske
Age : 30 years, Occ : Service,
R/o C/o. Z.P.P.S. Chikhali (Nath),
Tq. Patoda, Dist. Beed.
34. Smt. Asha Kisan Thakar
Age : 40 years, Occ : Service,
R/o C/o Z.P.P.S. Surudi,
Tq. Ashti, Dist. Beed.
35. Smt. Shaikh Naushadbee Hamidbhai
Age : 36 years, Occ : Service,
R/o C/o Z.P.P.S. Wahali,
Tq. Patoda, Dist. Beed.
36. Deepak S/o Navnath Mhaske
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Suppa,
Tq. Patoda, Dist. Beed.
37. Babasaheb S/o Pandurang Bansode
Age : 36 years, Occ : Service,
R/o C/o Z.P.P.S. Kanya Dindrud,
Tq. Majalgaon, Dist. Beed
38. Ravindra S/o Giyandev Khade
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Pithi Naigaon,
Tq. Patoda, Dist. Beed.
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39. Nilesh S/o Chandrakant Govindwar
Age : 33 years, Occ : Service,
R/o C/o Z.P.P.S. Loni,
Tq. Parali Vaijnath, Dist. Beed.
40. Aashish S/o Pandharinath Govindwar
Age : 37 years, Occ : Service,
R/o C/o Z.P.P.S. Pimpari (Bk),
Tq. Parali Vaijnath, Dist. Beed.
41. Dnyaneshwar S/o Nivrutti Sawant
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Belamba,
Tq. Parali Vaijnath, Dist. Beed.
42. Ganesh S/o Motiram Giri
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Kasarwadi,
Tq. Parali Vaijnath, Dist. Beed.
43. Bhanudas S/o Sambhaji Gudade
Age : 36 years, Occ : Service,
R/o C/o Z.P.P.S. Hiwara (G),
Tq. Parali Vaijnath, Dist. Beed.
44. Madhav S/o Narayan Popatwar
Age : 40 years, Occ : Service,
R/o C/o Z.P.P.S. Ranjegaon,
Tq. Parali Vaijnath, Dist. Beed.
45. Vinod S/o Govind Popatwar
Age : 37 years, Occ : Service,
R/o C/o Z.P.P.S. Mandwa,
Tq. Parali Vaijnath, Dist. Beed.
46. Smt. Padmaja Ramkrishna Munde
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Dharmapuri No.2,
Tq. Parali Vaijnath, Dist. Beed.
47. Anand S/o Pandurang Shirsate
Age : 38 years, Occ : Service,
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R/o C/o Z.P.M.S. Pohner,
Tq. Parali Vaijnath, Dist. Beed.
48. Jiwan S/o Murlidhar Bajgir
Age : 36 years, Occ : Service,
R/o C/o Z.P.M.S. Pohner,
Tq. Parali Vaijnath, Dist. Beed.
49. Vaijinath S/o Shivaji Jadhav
Age : 36 years, Occ : Service,
R/o C/o Z.P.M.S. Poher,
Tq. Parali Vaijnath, Dist. Beed.
50. Smt. Shrikanta Nagnath Bhairwad
Age : 32 years, Occ : Service,
R/o C/o Z.P.P.S. Kasarwadi,
Center Mirwat,
Tq. Parali Vaijnath, Dist. Beed.
51. Amol S/o Balasaheb Kale
Age : 33 years, Occ : Service,
R/o C/o Z.P.P.S. Kolkanadi,
Tq. Ambajogai, Dist. Beed.
52. Vijaykumar S/o Prabhakarrao Kale
Age : 33 years, Occ : Service,
R/o C/o Z.P.P.S. Daundwadi,
Tq. Parali Vaijnath, Dist. Beed.
53. Gajanan S/o Dhondiram Kusange
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Daithana (Ghat),
Tq. Parali Vaijnath, Dist. Beed.
54. Avinash S/o Raosaheb Neharkar
Age : 29 years, Occ : Service,
R/o C/o Z.P.M.S. Nagapur,
Tq. Parali Vaijnath, Dist. Beed.
55. Smt. Asha Sopanrao Bele
Age : 35 years, Occ : Service,
R/o C/o Z.P.P.S. Yelda,
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Tq. Ambajogai, Dist. Beed.
56. Dinkar S/o Namdeorai Gaikwad
Age : Major, Occ : Service,
R/o C/o Z.P.M.S. Digholamba,
Tq. Ambajogai, Dist. Beed.
57. Anil S/o Baburao Changire
Age : Major, Occ : Service,
R/o C/o Z.P.P.S. Ambalwadi,
Tq. Ambajogai, Dist. Beed.
58. Ram S/o Vyankati Potle
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Saigaon,
Tq. Ambajogai, Dist. Beed.
59. Smt. Jyoti Apparao Sathe
Age : 30 years, Occ : Service,
R/o C/o Z.P.P.S. Pokharo,
Tq. Ambajogai, Dist. Beed.
60. Smt. Vandana Sopan Gaisamudre
Age : 37 years, Occ : Service,
R/o C/o Z.P. C.P.S. Dhanora,
Tq. Ambajogai, Dist. Beed.
61. Smt. Surekha Sudhakar Birajdar
Age : 40 years, Occ : Service,
R/o C/o Z.P.P.S. Gitta,
Tq. Ambajogai, Dist. Beed.
62. Nilkantha Gundapa Jirme
Age : 48 years, Occ : Service,
R/o C/o Z.P.P.S. Kendrewadi,
Tq. Ambajogai, Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through : Deputy Secretary,
School Education and Sports
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Department, Mantralaya,
Mumbai-32.
2. Director of Education (Primary),
Eduation Directorate,
Maharashtra Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed
Tq. & Dist. Beed.
4. Block Education Officer,
Panchayat Samiti Ashti,
Tq. Ashti, Dist. Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 368 OF 2018
1. Sanjay S/o Shivajirao Kalkute
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
Waghe Babhulgaon, Tq. Kaij,
Dist. Beed.
2. Ashok S/o Baburao Bhosale
Age : 32 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Ghatewadi, Centre Vida, Tq. Kaij,
Dist. Beed.
3. Bapy S/o Pandurang Fasale
Age : 32 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Hingni (Bk), Centre Jeba Pimpri,
Tq. & Dist. Beed.
4. Mangal Mahaling Kudale
Age : 46 years, Occ : Service
as Primary Graduate Teacher,
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Zilla Parishad Primary School,
Waghe Babhulgaon, Tq. Kaij,
Dist. Beed.
5. Nitin Baburao Dongardive
Age : 27 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Majalgaon (Girls), Tq. Majalgaon,
Dist. Beed.
6. Sandeep Ajinath Puri
Age : 33 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Aher Chincholi, Centre Kamkheda,
Tq. & Dist. Beed.
7. Gangu Murlidhar Zade
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Malegaon, Tq. Kaij,
Dist. Beed.
8. Gajanan Haribhau Kirwale
Age : 29 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Wangi, Tq. Majalgaon,
Dist. Beed.
9. Santosh Bansi Anerao
Age : 35 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Manyarwadi, Centre Ghatsawali,
Tq. & Dist. Beed.
10. Mukund Dadarao Khande
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
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Zilla Parishad Primary School,
Aher Wadgaon, Tq. Georai,
Dist. Beed.
11. Ramdas Vishnu Unawane
Age : 38 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Pimpalgaon Kanada, Tq. Georai,
Dist. Beed.
12. Shaikh Amjad Afsar
Age : 36 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Pendgaon, Tq. & Dist. Beed.
13. Sayyed Rafatjaha Syed Isaq
Age : 46 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Pargaon Japti, Tq. & Dist. Beed.
14. Uttareshwar Dnyaneshwar Patil
Age : 33 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Mang Wadgaon, Tq. Kaij,
Dist. Beed.
15. Rajendra Mitthu Rathod
Age : 37 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Talwada, Tq. Georai,
Dist. Beed.
16. Sakharam Pandurang Fasale
Age : 37 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Karzani (Mothi), Tq. & Dist. Beed.
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17. Anand Shahurao Lad
Age : 33 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Kalsambar, Tq. & Dist. Beed.
18. Jayshri gorakhnath Pacharne
Age : 35 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Aher Wadgaon, Tq. & Dist. Beed.
19. Shaikh Maula Gulab
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Guntha, Tq. & Dist. Beed.
20. Sanjay Irja Gaddapod
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
Hingani, Tq. Dharur,
Dist. Beed.
21. Rajudas Manik Rathod
Age : 35 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Harishchandra Pimpri, Tq. Wadwani,
Dist. Beed.
22. Ramhari Goroba Dhendule
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Chikhalbeed, Tq. & Dist. Beed.
23. Ganesh Ashruba Anerao
Age : 32 years, Occ : Service
as Primary Graduate Teacher,
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Zilla Parishad Primary School,
Chinchoti, Tq. Wadwani,
Dist. Beed.
24. Uddhav Vitthalrao Tonde
Age : 34 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Kothatban, Tq. Wadwani,
Dist. Beed.
25. Tatyarao Walba Gadade
Age : 36 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Chikhalbeed, Tq. & Dist. Beed.
26. Gorakshanath Shesherao Munde
Age : 33 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Sonnakhota, Tq. Wadwani,
Dist. Beed.
27. Bhairavnath Bhartarinath Shinde
Age : 32 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Pimpaltakka, Tq. Wadwani,
Dist. Beed.
28. Maroti Posheti Shahapurkar
Age : 37 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
Hingani (Bk), Tq. Dharur,
Dist. Beed.
29. Dharmaraj Govind Jadhav
Age : 42 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
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Hingani, Tq. Dharur,
Dist. Beed.
30. Arun Laxman Unawane
Age : 37 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Pitthi, Tq. Patoda,
Dist. Beed.
31. Nilesh Mitthu Chavan
Age : 30 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Khadaki (D), Tq. Wadwani,
Dist. Beed.
32. Ranjit Mahadeo Waghmare
Age : 33 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
Hingani (Bk), Tq. Dharur,
Dist. Beed.
33. Tai Uddhavrao Bhaygude
Age : 38 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
Kutewadi, Centre Jarud,
Tq. & Dist. Beed.
34. Rajendra Arjun Pawar
Age : 35 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Secondary School,
Talwada, Tq. Georai,
Dist. Beed.
35. Subhash S/o Shesherao Saruk
Age : 39 years, Occ : Service
as Primary Graduate Teacher,
Zilla Parishad Primary School,
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Sindhi, Tq. Kaij,
Dist. Beed. ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Director of Education (Primary),
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Beed
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
.....
Shri D.R. Markad, Shri S.A. Nagarsoge, Shri S.S.
Thombre, Shri V.P. Sawant and Shri M.K.
Deshpande, Advocates for the petitioners.
Shri P.K. Lakhotiya, Shri C.S. Kulkarni and
Shri P.N. Kutti, AGPs for the Respondent/State.
Shri P.D. Suryawanshi, Advocate for Respondent
Nos.3 and 4.
.....
CORAM: S.S.SHINDE &
S.M.GAVHANE,JJ.
Reserved on : 15.01.2018
Pronounced on : 24.01.2018
JUDGMENT:(Per S.S.Shinde, J.):
Rule. Rule made returnable forthwith. With the consent of learned ::: Uploaded on - 25/01/2018 ::: Downloaded on - 26/01/2018 02:06:57 ::: 217.18WP+.odt 32 counsel appearing for the parties, heard finally.
2. Since the issue raised and relief claimed in these Petitions is identical, all these Petitions are heard together and being disposed of by this common judgment.
3. Learned counsel appearing for the petitioners submits that, the Chief Executive Officer, Zilla Parishad, Beed has issued the impugned orders, thereby reverting the petitioners from the post of Trained Graduate Teachers to Assistant Teachers, however without giving an opportunity of hearing and in contravention to the principles of natural justice. The Chief Executive Officer has passed the impugned orders, which are contrary to the government policy as well as the law laid down by the Hon'ble Apex Court. The impugned orders passed by the Chief ::: Uploaded on - 25/01/2018 ::: Downloaded on - 26/01/2018 02:06:57 ::: 217.18WP+.odt 33 Executive Officer, Zilla Parishad, Beed are without there being any valid reason and without application of mind, and therefore, they are required to be quashed and set aside in the interest of justice.
4. Learned A.G.Ps. appearing for the Respondent State and its officials and the learned counsel appearing for the Zilla Parishad, Beed submit that the orders impugned in these Petitions are self speaking, in as much as, the reasons are assigned in the impugned orders, and therefore, the Petitions deserve to be dismissed in limine.
5. We have considered the rival submissions advanced by learned counsel appearing for the parties, and also perused the pleadings and grounds taken in the Petitions. Admittedly, before passing the ::: Uploaded on - 25/01/2018 ::: Downloaded on - 26/01/2018 02:06:57 ::: 217.18WP+.odt 34 impugned orders thereby reverting the petitioners from the post of Trained Graduate Teachers to the Assistant Teachers, the reasonable opportunity of hearing has not been afforded to the respective petitioners. The impugned orders are passed in breach of principles of natural justice, and therefore, on the said ground alone, said orders deserve to be quashed and set aside to the extent of petitioners in each Petition.
6. The Bombay High Court Bench at Goa in the case of Mrs. Kunda Santosh Kerkar alias Kunda Narayan Kerkar V/s Hon'ble Speaker, Goa Legislative Assembly and ors. 1 in similar facts situation observed that the impugned order in the said petition is passed without giving an opportunity of hearing to the petitioner therein, and accordingly, the said impugned order was quashed and set 1 2016(5) Mah.L.J. 593 ::: Uploaded on - 25/01/2018 ::: Downloaded on - 26/01/2018 02:06:57 ::: 217.18WP+.odt 35 aside. In the facts of that case also the petitioner therein was promoted and thereafter, he was reverted to the original post of Junior Assistant with immediate effect. The said order was passed without hearing the petitioner therein, which came to be quashed on the ground of violation of principles of natural justice.
7. In the light of discussion herein above, the impugned orders dated 14th December, 2017 in respective Writ Petitions, passed by the Chief Executive Officer, Zilla Parishad, Beed are quashed and set aside to the extent of the petitioners. The Petitions are accordingly allowed. Rule made absolute in above terms.
However, we make it clear that, we have quashed and set aside the impugned orders only on the ground of non-adherance to ::: Uploaded on - 25/01/2018 ::: Downloaded on - 26/01/2018 02:06:57 ::: 217.18WP+.odt 36 the principles of natural justice and not on any other ground. We further make it clear that, though we have allowed these Petitions, the same shall not be construed as an impediment to the concerned Respondent/ Respondents from passing an appropriate order/orders on merits of each case.
[S.M.GAVHANE] [S.S.SHINDE]
JUDGE JUDGE
SGA
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