Bombay High Court
Vikas Dattatraya Janjire And Others vs The State Of Maharashtra And Others on 20 February, 2018
Equivalent citations: AIRONLINE 2018 BOM 8
Author: S.S.Shinde
Bench: S.S.Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITOIN NO. 12336 OF 2016
1. Vikas S/o Dattatraya Janjire
Age : 37 years, Occ : Service,
R/o Khadak Waghalgaon,
Tq. Gangapur, Dist. Aurangabad.
2. Ashok S/o Bapurao Garad
Age : Major, Occ : Service,
R/o As above.
3. Ramesh S/o Ashokrao Giri
Age : Major, Occ : Service,
R/o Waladgaon, Tq. & Dist. Aurangabad.
4. Dilip S/o Shivlal Chavan
Age : Major, Occ : Service,
R/o Jadgaon, Tq. & Dist. Aurangabad.
5. Satish S/o Budhesingh Machiye
Age : Major, Occ : Service,
R/o Khullod, Tq. Sillod,
Dist. Aurangabad.
6. Smt. Kalpana Narsingh Singhal
Age : Major, Occ : Service,
R/o Dhotra, Tq. Sillod,
Dist. Aurangabad.
7. Shaikh Jamil Shaikh Khalil
Age : Major, Occ : Service,
R/o Halda, Tq. Sillod,
Dist. Aurangabad.
8. Smt. Sayed Lubana Nabi
Age : Major, Occ : Service,
R/o Uddangaon (Urdu),
Tq. Sillod, Dist. Aurangabad.
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9. Madhukar S/o Shrirang Ingle
Age : Major, occ : Service,
R/o Wadala, Tq. Sillod,
Dist. Aurangabad.
10. Shaikh Mohammad Sajed Ahamad Abdul
Mujim, Age : Major, Occ : Service,
R/o Wangi (Kh), Tq. Sillod,
Dist. Aurangabad.
11. Shaikh Nisar Hussain Shaikh Mukhtar
Age : Major, Occ : Service,
R/o Wangi (Kh), Tq. Sillod,
Dist. Aurangabad.
12. Shaikh Asef Shaikh Yusuf
Age : Major, Occ : Service,
R/o Modha (Kh), Tq. Sillod,
Dist. Aurangabad.
13. Sarfraj Ahamad Abdul Khalik
Age : Major, Occ : Service,
R/o Modha (Kh.), Tq. Sillod,
Dist. Aurangabad.
14. Pathan Imrankhan Sikkandar Khan
Age : Major, Occ : Service,
R/o Ambhai, Tq. Sillod,
Dist. Aurangabad.
15. Smt. Farah Naz Sikkandar Khan
Age : Major, Occ : Service,
R/o Borgaon (Sa), Urdu,
Tq. Sillod, Dist. Aurangabad.
16. Santosh S/o Laxman Jadhav
Age : Major, Occ : Service,
R/o Tadpimpalgaon, Tq. Kannad,
Dist. Aurangabad.
17. Dnyaneshwar S/o Dashrath Bankar
Age : Major, Occ : Service,
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R/o Hatnoor, Tq. Kannad,
Dist. Aurangabad.
18. Sambhaji S/o Punju Patil
Age : Major, Occ : Service,
R/o Nagad, Tq. Kannad,
Dist. Aurangabad.
19. Rajendra S/o Balchand Tupe
Age : Major, Occ : Service,
R/o Tadpimpalgaon, Tq. Kannad,
Dist. Aurangabad.
20. Pravin S/o Daulatrao Shinde
Age : Major, Occ : Service,
R/o Bahirgaon, Tq. Kannad,
Dist. Aurangabad.
21. Swapnil S/o Vijay Gangurde
Age : Major, Occ : Service,
R/o Andhaner, Tq. Kannad,
Dist. Aurangabad.
22. Ganesh S/o Pandurang Gadhe
Age : Major, Occ : Service,
R/o Andhaner, Tq. Kannad,
Dist. Aurangabad.
23. Sharad S/o balu Gawali
Age : Major, Occ : Service,
R/o Chincholi, Tq. Kannad,
Dist. Aurangabad.
24. Gulab S/o Kashiram Gangurde
Age : Major, Occ : Service,
R/o Ganeshpur, Tq. Kannad,
Dist. Aurangabad.
25. Shivaji S/o Dadasaheb Kardile
Age : Major, Occ : Service,
R/o Balegaon, Tq. Vaijapur,
Dist. Aurangabad.
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26. Navnath S/o Bhagchand Pawar
Age : Major, Occ : Service,
R/o manegaon, Tq. Vaijapur,
Dist. Aurangabad.
27. Ganesh S/o Jagannath Rindhe
Age : Major, Occ : Service,
R/o Manegaon, Tq. Vaijapur,
Dist. Aurangabad.
28. Sitaram S/o Kishan Hiwale
Age : Major, Occ : Service,
R/o Babhulgaon, Tq. Vaijapur,
Dist. Aurangabad.
29. Anita Baburao Chopde
Age : Major, Occ : Service,
R/o Bhokargaon, Tq. Vaijapur,
Dist. Aurangabad.
30. Seema Madhavrao Kulkarni
Age : Major, Occ : Service,
R/o Pokhari, Tq. Vaijapur,
Dist. Aurangabad.
31. Dattatraya S/o Manik Koli
Age : Major, occ : Service,
R/o Pendhephal, Tq. Vaijapur,
Dist. Aurangabad.
32. Smt. Lata Kacharu Avhale
Age : Major, Occ : Service,
R/o Shiur, Tq. Vaijapur,
Dist. Aurangabad.
33. Amol S/o Bhaginath Paithanpagare
Age : Major, Occ : Service,
R/o Hajipurwadi, Tq. Vaijapur,
Dist. Aurangabad.
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34. Yogesh S/o Thaksen Tayde
Age : Major, Occ : Service,
R/o Khirdi (K), Tq. Vaijapur,
Dist. Aurangabad.
35. Darshan S/o Girish Bodkhe
Age : Major, Occ : Service,
R/o Sawkheda (K), Tq. Vaijapur,
Dist. Aurangabad.
36. Vilas S/o Tukaram Gaikwad
Age : major, Occ : Service,
R/o Rahegaon, Tq. Vaijapur,
Dist. Aurangabad.
37. Dayanand S/o Baburao Tumbanwad
Age : Major, Occ : Service,
R/o Palkhed, Tq. Vaijapur,
Dist. Aurangabad.
38. Gajanan S/o Ramesh Teli
Age : Major, Occ : Service,
R/o Sawaladbara, Tq. Soygaon,
Dist. Aurangabad.
39. Dadarao S/o Shivaji Sukhdhane
Age : Major, occ : Service,
R/o Devhari, Tq. Soygaon,
Dist. Aurangabad.
40. Ramakant S/o Pandurang Jadhav
Age : Major, Occ : Service,
R/o Devhari, Tq. Soygaon,
Dist. Aurangabad.
41. Arjun S/o Baburao Pardhe
Age : Major, Occ : Service,
R/o Murti, Tq. Soygaon,
Dist. Aurangabad.
42. Ravindra S/o Ganesh Tayde
Age : Major, Occ : Service,
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R/o Titvi, Tq. Soygaon,
Dist. Aurangabad.
43. Shaikh Farhin Afroz Siddique Ahamad
Age : Major, Occ : Service,
R/o Pimpalwadi, Tq. Paithan,
Dist. Aurangabad.
44. Smt. Shaikh Shakera Begum Shah
Age : Major, Occ : Service,
R/o Deogaon Rangari, Tq. Kannad,
Dist. Aurangabad.
45. Smt. Shaikh Nujahat Sultana
Age : Major, Occ : Service,
R/o Adul, Tq. Paithan,
Dist. Aurangabad.
46. Smt. Pathan Afrin Fatema
Age : Major, Occ : Service,
R/o Jikthan, Tq. Gangapur,
Dist. Aurangabad.
47. Sayed Sabana Farook
Age : Major, Occ : Service,
R/o Balanagar, Tq. Paithan,
Dist. Aurangabad.
48. Farzana Begum Salim Ahmad
Age : Major, Occ : Service,
R/o Lasur Station, Tq. Gangapur,
Dist. Aurangabad.
49. Sandip S/o Laxman Khandagale
Age : Major, Occ : Service,
R/o Molkheda, Tq. Soygaon,
Dist. Aurangabad.
50. Vijay S/o Vasant Saindane
Age : Major, Occ : Service,
R/o Dabha, Tq. Soygaon,
Dist. Aurangabad.
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51. Avinash S/o Suresh Pawar
Age : Major, Occ : Service,
R/o Sawarkheda (Bk), Tq. Soygaon,
Dist. Aurangabad.
52. Kishor S/o Dattatraya Sonwane
Age : Major, Occ : Service,
R/o Pimpalgaon (K), Tq. Vaijapur,
Dist. Aurangabad.
53. Ranjana Sheshrao Rathod
Age : Major, occ : Service,
R/o Talpimpari, Tq. Gangapur,
Dist. Aurangabad.
54. Gitanjali Madhukar Wable
Age : Major, Occ : Service,
R/o Limbe Jalgaon, Tq. Gangapur,
Dist. Aurangabad.
55. Suresh S/o Karbhari Palve
Age : Major, Occ : Service,
R/o Wakla, Tq. Vaijapur,
Dist. Aurangabad.
56. Anil S/o Ramchandra Pawar
Age : Major, Occ : Service,
R/o Buttewadgaon, Tq. Gangapur,
Dist. Aurangabad.
57. Jyoti Badrinath Pawar
Age : Major, Occ : Service,
R/o Manjari, Tq. Gangapur,
Dist. Aurangabad.
58. Smt. Khan Raisa Azam Shah
Age : Major, Occ : Service,
R/o Jikthan, Tq. Gangapur,
Dist. Aurangabad.
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59. Jaldevi Sambhaji Patwari
Age : Major, Occ : Service,
R/o Waluj, Tq. Gangapur,
Dist. Aurangabad.
60. Savarna Gangaram Gadhekar
Age : Major, Occ : Service,
R/o Waluj, Tq. Gangapur,
Dist. Aurangabad.
61. Shubhangi Sheshrao Sarovar
Age : Major, Occ : Service,
R/o Ladsawangi, Tq. & Dist. Aurangabad.
62. Monika Rajkumar Puri
Age : Major, Occ : Service,
R/o Chincholi,Tq. Kannad,
Dist. Aurangabad.
63. Balu S/o Vitthal Manchare
Age : Major, Occ : Service,
R/o Dhondalgaon, Tq. Vaijapur,
Dist. Aurangabad.
64. Vijay S/o Ahilaji Aware
Age : Major, Occ : Service,
R/o Dhondalgaon, Tq. Vaijapur,
Dist. Aurangabad.
65. Manohar S/o Bhaskar Labade
Age : Major, Occ : Service,
R/o Lakh Khandala, Tq. Vaijapur,
Dist. Aurangabad.
66. Walmik S/o Jagannath Hinge (Deleted)
67. Ajinath S/o Babasaheb Ghule
Age : Major, Occ : Service,
R/o Karanjgaon, Tq. Vaijapur,
Dist. Aurangabad.
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68. Mohan s/o Balkrishna Mule
Age : Major, Occ : Service,
R/o Nagamthan, Tq. Vaijapur,
Dist. Aurangabad.
69. Janardhan S/o Shevantalal Ankolnekar
Age : Major, Occ : Service,
R/o Panav (Kh), Tq. Vaijapur,
Dist. Aurangabad.
70. Vikas S/o Haribhau Puri
Age : Major, Occ : Service,
R/o Narala, Tq. Vaijapur,
Dist. Aurangabad.
71. Paresh S/o Namdeorao Nikam
Age : Major, Occ : Service,
R/o Wadji, Tq. Vaijapur,
Dist. Aurangabad.
72. Maruti S/o Karbhari Kamodkar
Age : Major, Occ : Service,
R/o Sudamwadi, Tq. Gangapur,
Dist. Aurangabad.
73. Sandip S/o Namdeo Manal
Age : Major, Occ : Service,
R/o Nagamthan, Tq. Vaijapur,
Dist. Aurangabad.
74. Rupesh S/o Shrikrishna Shinde
Age : Major, Occ : Service,
R/o Gadhe-Pimpalgaon, Tq. Vaijapur,
Dist. Aurangabad.
75. Babasaheb S/o Uttam Jagtap
Age : Major, Occ : Service,
R/o Hingoni, Tq. Vaijapur,
Dist. Aurangabad.
76. Navnath S/o Prakash Shinde
Age : Major, Occ : Service,
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R/o Biloni, Tq. Vaijapur,
Dist. Aurangabad.
77. Shaikh Parvej M. (Deleted)
78. Santosh S/o Lahanu Paithankar
Age : Major, Occ : Service,
R/o Janephal, Tq. Vaijapur,
Dist. Aurangabad.
79. Chandrashekhar S/o Ratilal Pawar
Age : Major, Occ : Service,
R/o Panvi (Bk), Tq. Vaijapur,
Dist. Aurangabad.
80. Archana Anil Jagdhane
Age : Major, Occ : Service,
R/o Bendwadi, Tq. Vaijapur,
Dist. Aurangabad.
81. Kalidas S/o Sopanrao Ranchod
Age : Major, Occ : Service,
R/o Balali-Sa, Tq. Vaijapur,
Dist. Aurangabad.
82. Ganesh S/o Ambadas Shinde
Age : Major, Occ : Service,
R/o Kharaj, Tq. Vaijapur,
Dist. Aurangabad.
83. Rupali Ramesh Bagul
Age : Major, Occ : Service,
R/o Janephal, Tq. Vaijapur,
Dist. Aurangabad.
84. Namdeo S/o Bhausaheb Laware
Age : Major, Occ : Service,
R/o Raghunathpurwadi, Tq. Vaijapur,
Dist. Aurangabad.
85. Shaikh Sadik Shaikh Shabbir
Age : Major, Occ : Service,
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R/o Rasoolpura, Tq. Khultabad,
Dist. Aurangabad.
86. Shaikh Shahana Begum Sk. Nazir
Age : Major, Occ : Service,
R/o Karkin, Tq. Paithan,
Dist. Aurangabad.
87. Mudadshira Banno Mohd. Khurshid
Age : Major, Occ : Service,
R/o Sultanpur, Tq. Khultabad,
Dist. Aurangabad.
88. Foujiya Afrin
Age : Major, Occ : Service,
R/o Sultanpur, Tq. Khultabad,
Dist. Aurangabad.
89. Bharat S/o Dashrath Nikam
Age : Major, Occ : Service,
R/o Hiradpuri, Tq. Paithan,
Dist. Aurangabad.
90. Asha Mohan Humbe
Age : Major, Occ : Service,
R/o Hiradpuri, Tq. Paithan,
Dist. Aurangabad.
91. Sunita Rohidas Jadhav
Age : Major, Occ : Service,
R/o Navgaon, Tq. Paithan,
Dist. Aurangabad.
92. Sayeda Tabsoom Haji Ahamad
Age : Major, Occ : Service,
R/o Mungi Paithan, No.2, Tq. Paithan,
Dist. Aurangabad.
93. Jalil Ahmad Dureshhavar
Age : Major, Occ : Service,
R/o Mungi Paithan, Tq. Paitha,
Dist. Aurangabad.
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94. Sunita Bhagwat Vajirnath
Age : Major, Occ : Service,
R/o Mungi Paithan, Tq. Paitha,
Dist. Aurangabad.
95. Pathan Mohamad Yunus
Age : Major, Occ : Service,
R/o As above.
96. Rajesh S/o Bhausaheb Pakhare
Age : Major, occ : Service,
R/o As above.
97. Shivaji S/o Mohan Kusare
Age : Major, Occ : Service,
R/o As above.
98. Sheshrao S/o Sampatrao Garje
Age : Major, Occ : Service,
R/o nanegaon, Tq. Paithan,
Dist. Aurangabad.
99. Navnath S/o Ambadas Jadhav
Age : Major, Occ : Service,
R/o nanegaon, Tq. Vaijapur,
Dist. Aurangabad.
100. Shivprasad S/o Eknath Bachal
Age : Major, Occ : Service,
R/o Maheboobkheda, Tq. Gangapur,
Dist. Aurangabad.
101. Dnyaneshwar S/o Bhivshan Jadhav
Age : Major, Occ : Service,
R/o Shankarpur, Tq. Gangapur,
Dist. Aurangabad.
102. Changdeo S/o Kashinath Aghade
Age : Major, Occ : Service,
R/o Wadali, Tq. Gangapur,
Dist. Aurangabad.
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103. Sudha Marutirao Sukte
Age : Major, Occ : Service,
R/o Dhondalgaon, Tq. Vaijapur,
Dist. Aurangabad.
104. Sayeda Shajiya Parvin S. Rasool,
Age : Major, Occ : Service,
R/o Dhorkin, Tq. Paitha,
Dist. Aurangabad.
105. Deshmukh Mohammad Harun Aminmiya
Age : Major, Occ : Service,
R/o Palod, Tq. Sillod,
Dist. Aurangabad.
106. Shaikh Ahamad Majid Ahmad Shakoor
Age : Major, Occ : Service,
R/o Kherhala, Tq. Sillod,
Dist. Aurangabad.
107. Sayad Mustaq Sayad Chand
Age : Major, Occ : Service,
R/o Borgaon, Tq. Sillod,
Dist. Aurangabad.
108. Pathan Mubina Umarkhan
Age : Major, Occ : Service,
R/o Dhorkin, Tq. Paithan,
Dist. Aurangabad.
109. Khan Ismail Hasan
Age : Major, Occ : Service,
R/o Ambhai, Tq. Sillod,
Dist. Aurangabad. ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through : Principal Secretary,
School Education & Sports
Department, Mantralaya,
Mumbai.
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2. The Commissioner (Education),
Maharashtra State, Pune.
3. Director of Education,
Primary Education Directorate,
Maharashtra, Pune.
4. The Deputy Director of Education
(Primary), Aurangabad Region,
Aurangabad.
5. Chief Executive Officer,
Zilla Parishad, Aurangabad.
6. The Education Officer (Primary),
Zilla Parishad, Aurangabad.
..RESPONDENTS
.....
Shri M.K. Deshpande, Advocate for petitioners.
Shri S.B. Yawalkar, A.G.P. for Respondent/State.
Shri S.B. Ghute, Advocate for Respondent Nos.5
and 6.
.....
CORAM: S.S.SHINDE &
S.M.GAVHANE,JJ.
Reserved on : 08.02.2018
Pronounced on : 20.02.2018
JUDGMENT :(Per S.S.Shinde, J.):
Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.
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2. Learned counsel appearing for the petitioners submits that, the Chief Executive Officer, Zilla Parishad, Aurangabad has issued the impugned order, 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 order, which is contrary to the government policy as well as the law laid down by the Hon'ble Apex Court. The impugned order passed by the Chief Executive Officer, Zilla Parishad, Aurangabad is without there being any valid reason and without application of mind, and therefore, the same is required to be quashed and set aside in the interest of justice.
3. Learned A.G.P. appearing for the Respondent State and its officials and the ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 01:55:54 ::: 12336.16WP.odt 16 learned counsel appearing for the Zilla Parishad, Aurangabad submit that the order impugned in this Petition is self speaking, in as much as, the reasons are assigned in the impugned order, and therefore, the Petition deserves to be dismissed in limine.
4. 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 impugned order 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 order is passed in breach of principles of natural justice, and therefore, on the said ground alone, said order deserves to be quashed and set aside.
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5. In the similar fact situation, this Court in Writ Petition No. 217 of 2018 (Tatyaram S/o Dhanlal Kanade and others V/s The State of Maharashtra and others) and other connected Petitions, on 24th January, 2018 in paras 5 to 7 observed thus :
"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 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.::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 01:55:54 :::
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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 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 1 2016(5) Mah.L.J. 593 ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 01:55:54 ::: 12336.16WP.odt 19 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-adherence to 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."
6. Taking the same view and for the same reasons as stated in order dated 24th January, 2018 passed in Writ Petition No.217 of 2018 and other connected Writ Petitions, referred above, we pass the following order :-
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12336.16WP.odt 20 ORDER:-
(i) The impugned order dated 15/21.11.2016 issued by the Respondent - Chief Executive Officer, Zilla Parishad, Aurangabad is quashed and set aside. The petition is accordingly allowed. Rule made absolute in above terms.
However, we make it clear that, we have quashed and set aside the impugned order on the ground of non-adherence to the principles of natural justice and not on any other ground. We further make it clear that, though we have allowed this Petition, the same shall not be construed as an impediment to the concerned Respondent from passing an appropriate order on merits.
(ii) Other similarly situated teachers, whose names are mentioned in the impugned orders ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 01:55:54 ::: 12336.16WP.odt 21 and who have not approached this Court, and the facts in their cases and the action taken against them, is identical, in that case, the decision taken in Writ Petition No.217 of 2018 and other connected Writ Petitions shall be made applicable and they are not required to file separate Petition/Petitions. The Chief Executive Officers shall take appropriate corrective steps/ measures even in the case of similarly situated employees, who have not approached to this Court, but their names have been shown in the impugned order.
[S.M.GAVHANE] [S.S.SHINDE]
JUDGE JUDGE
SGA
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