Bombay High Court
Ashok Somnath Swami And Others vs The State Of Maharashtra And Others on 20 February, 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 PETITOIN NO. 1186 OF 2018
1. Ashok S/o Somnath Swami
Age : 35 yeas, Occ : Teacher,
R/o At. Post. Morfali, Kendra Asardoh,
Tq. Dharur, Dist. Beed.
2. Dilip S/o Tukaram Sanap
Age : 47 years, Occ : Teacher,
R/o At Post. Tq. Dharur,
Dist. Beed.
3. Dipak S/o Narayan Gaikwad
Age : 36 years, Occ : Teacher,
R/o At. Post Chinchpur Kendra,
Tq. Dharur, Dist. Beed.
4. Balasaheb S/o Vishnu Gadkar
Age : 38 years, Occ : Teacher,
R/o At. Post Amla Kendra,
Devadhifal, Tq. Dharur,
Dist. Beed.
5. Balasaheb S/o Yashwant Jogdand
Age : 42 years, Occ : Teacher,
R/o At. Post. Jivachiwaid (Ke),
Lavhuri, Tq. Kaij, Dist. Beed.
6. Ramdhan S/o Yadavrao Hajare
Age : 45 years, Occ : Teacher,
R/o At Post. Maindvadi,
Tq. Dharur, Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
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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. 1195 OF 2018
1. Nitin S/o Ashruba Dhanve
Age : 40 years, Occ : Teacher,
R/o Adgaon Post : Adgaon (Gundha),
Tq. & Dist. Beed.
2. Sumedh S/o Sakharam Jogdand
Age : 36 years, Occ : Teacher,
R/o Eat, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
3. Balasaheb S/o Ramkisan Dongardive
Age : 36 years, Occ : Teacher,
R/o Adgaon Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
4. Jagannath S/o Khiraji Jadhav
Age : 38 years, Occ : Teacher,
R/o Eat, Post : Wadgaon (Guntha),
Tq. & Dist. Beed.
5. Smt. Vanita D/o Dyanobarao Kamble
Age : 36 years, Occ : Teacher,
R/o Bakalwadi, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
6. Smt. Sapna Waman Mhaske
Age : 37 years, Occ : Teacher,
R/o Wadgaon, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
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7. Smt. Surekha Prabhakarrao Gore
Age : 38 years, Occ : Teacher,
R/o Umarad (Kh), Post : Khande Pargaon,
Tq. & Dist. Beed.
8. Smt. Vaishali Sopanrao Waghmare
Age : 36 years, Occ : Teacher,
R/o Wadgaon, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
9. Smt. Sunita Kantarao Joshi
Age : 45 years, Occ : Teacher,
R/o Wadgaon, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
10. Smt. Reena Sanjay Nalawade
Age : 37 years, Occ : Teacher,
R/o Secondary Girls School, Beed,
Tq. & Dist. Beed.
11. Smt. Varsha Nagorao Hanwate
Age : 38 years, Occ : Teacher,
R/o Wadgaon, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
12. Smt. Vidya Suryakantrao Joshi
Age : 48 years, Occ : Teacher,
R/o Eat, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
13. Smt. Jyoti Asraji Sonavane
Age : 37 years, Occ : Teacher,
R/o Umarad (Kh.), Post : Khande Pargaon,
Tq. & Dist. Beed.
14. Smt. Bhagwati Bharat Pardeshi
Age : 48 years, Occ : Teacher,
R/o Eat, Post : Wadgaon (Gundha),
Tq. & Dist. Beed.
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15. Yoganand S/o Achut Gandhale
Age : 45 years, Occ : Teacher,
R/o Zilla Parishad, Adgaon,
Post : Wadgaon (Gundha),
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.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 1198 OF 2018
1. Shaikh Abdul Azim Vaziroddin
Age : 43 years, Occ : Teacher,
R/o Zum Zum Colony, Barshi Road,
Beed, Tq. & Dist. Beed.
2. Khatib Md Muzammil Nawaboddin
Age : 50 years, Occ : Teacher,
R/o Barabhai Galli Ambajogai,
Tq. Ambajogai, Dist. Beed.
3. Sheikh Wasefoddin Ikramoddin
Age : 55 years, Occ : Teacher,
R/o Majalgaon, Tq. Majalgaon,
Dist. Beed.
4. Hashmi Mumtaz Ali Amir Ali
Age : 50 years, Occ : Teacher,
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R/o At Post Beed, Tq. & Dist. Beed.
5. Syeda Farida Begum Mushtaq Husain
Age : 53 years, Occ : Teacher,
R/o Miyan Bhai Colony, Ambajogai,
Tq. Ambajogai, Dist. Beed.
6. Julha Aliya Abdul Qdeer
Age : 42 years, Occ : Teacher,
R/o Behind Heena Petrol Pump
Barshi Naka Beed, Tq. & Dist. Beed.
7. Mirza Nusrat Shahnawaz Baig
Age : 39 years, Occ : Teacher,
R/o Behind Heena Petrol Pump
Barshi Naka Beed, Tq. & Dist. Beed.
8. Syed Afroz Begum Syed Ali
Age : 41 years, Occ : Teacher,
R/o Nursery Road Shahinsha Nagar,
Beed, Tq. & Dist. Beed.
9. Pathan Zafar Khan Jabbar Khan
Age : 43 years, Occ : Teacher,
R/o Chuna Galli, Beed,
Tq. & Dist. Beed.
10. Mirza Afrin Fatema Farhatulla
Age : 32 years, Occ : Teacher,
R/o At Post Asti, Tq. Asti,
Dist. Beed.
11. Lodhi Naseem Ara Sadatulla Khan
Age : 38 years, Occ : Teacher,
R/o Bashirgunj, Beed, Tq. & Dist. Beed.
12. Shaikh Ashra Parveen Kayyum
Age : 33 years, Occ : Teacher,
R/o Zum Zum Colony, Barshi Road,
Beed, Tq. & Dist. Beed.
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13. Shaikh Shahin Begum Abdul Rahim
Age : 38 years, Occ : Teacher,
R/o Zum Zum Colony, Barshi Road,
Beed, Tq. & Dist. Beed.
14. Quadri Fareeda Tabassum Khalil Ahmed
Age : 38 years, Occ : Teacher,
R/o Zum Zum Colony, Barshi Road,
Beed, Tq. & Dist. Beed.
15. Saudagar Iliyas Ahemed Abbas Ahemed
Age : 39 years, Occ : Teacher,
R/o Khsderpura Barshinaka Beed,
Tq. & Dist. Beed.
16. Mohhamad Imaran Abdul Samad Khan
Age : 42 years, Occ : Teacher,
R/o Zum Zum Colony, Barshi Road,
Beed, Tq. & Dist. Beed.
17. Shaikh Sajid Farid
Age : 42 years, Occ : Teacher,
R/o Shahinsha Nagar, Beed,
Beed
At present ZPPS Urdue Georai, Dist. Beed
18. Shaikh Urusa Hasin Khalil
Age : 35 years, Occ : Teacher,
R/o Ajijpura, Beed,
At present ZPPS Vahegaon,
Tq. Georai, 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.
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3. The Chief Executive Officer,
Zilla Parishad, Beed.
4. The Education Officer (Primary),
Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 1206 OF 2018
1. Babasaheb S/o Ramrao Kedar
Age : 42 years, Occ : Service,
R/o C/o. Z.P. M.S. Umari,
Tq. Kaij, Dist. Beed.
2. Rajendra S/o Jalindar Thombre
Age : 43 years, Occ : Service,
R/o C/o. Z.P. M.S. Rarnali,
Tq. Kaij, Dist. Beed.
3. Bhagwat S/o Dadarao Sonwane
Age : 42 years, Occ : Service,
R/o C/o. Z.P. M.S. Massajog,
Tq. Kaij, Dist. Beed.
4. Babasaheb S/o Mahadeo Kedar
Age : 46 years, Occ : Service,
R/o C/o. Z.P. M.S. Malwadi,
Tq. Kaij, Dist. Beed.
5. Ashruba S/o Arjunrao Sonwane
Age : 49 years, Occ : Service,
R/o C/o. Z.P. M.S. Yewata,
Tq. Kaij, Dist. Beed.
6. Sangita Arunrao Chavan
Age : 43 years, Occ : Service,
R/o C/o. Z.P. M.S. Yewata,
Tq. Kaij, Dist. Beed.
7. Smt. Nanda Madhukarrao Nirmale
Age : 44 years, Occ : Service,
R/o C/o. Z.P. M.S. Shepwadi,
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Tq. Kaij, Dist. Beed.
8. Dattatraya S/o Tukaram Raut
Age : 42 years, Occ : Service,
R/o C/o. Z.P. M.S. Kanadimali,
Tq. Kaij, Dist. Beed.
9. Hanumant S/o Dnyaboba Shinde
Age : 48 years, Occ : Service,
R/o C/o. Z.P. M.S. Ekurga,
Tq. Kaij, Dist. Beed.
10. Vasant S/o Uddhavrao Tarkasband
Age : 38 years, Occ : Service,
R/o C/o. Z.P. M.S. Pisegaon,
Tq. Kaij, Dist. Beed.
11. Anil S/o Damodhar Chaudhary
Age : 42 years, Occ : Service,
R/o C/o. Z.P. M.S. Yusufwadgaon,
Tq. Kaij, Dist. Beed.
12. Shivhar S/o Narayan Chopne
Age : 51 years, Occ : Service,
R/o C/o. Z.P. M.S. Sadola,
Tq. Kaij, Dist. Beed.
13. Dhammadipa Narsingrao Darbare
Age : 37 years, Occ : Service,
R/o C/o. Z.P. M.S. Yewata,
Tq. Kaij, Dist. Beed.
14. Ambadas S/o Nanabhau Kale
Age : 37 years, Occ : Service,
R/o C/o. Z.P. M.S. Ghatewadi,
Tq. Kaij, Dist. Beed.
15. Lata Vyankatrao Bangar
Age : 46 years, Occ : Service,
R/o C/o. Z.P. M.S. Massajog,
Tq. Kaij, Dist. Beed.
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16. Ramkishan S/o Deorao Sangle
Age : 43 years, Occ : Service,
R/o C/o. Z.P. M.S. Janegaon,
Tq. Kaij, Dist. Beed.
17. Chandrakant S/o Bhaurao Raskar
Age : 46 years, Occ : Service,
R/o C/o. Z.P. M.S. Kalsambar,
Tq. Kaij, Dist. Beed.
18. Manohar S/o Rama Ovahal
Age : 50 years, Occ : Service,
R/o C/o. Z.P. M.S. Kalsambar,
Tq. Kaij, Dist. Beed.
19. Bibishan S/o Barikrao Patil
Age : 43 years, Occ : Service,
R/o C/o. Z.P. M.S. Neknoor,
Tq. & Dist. Beed.
20. Vilas S/o Navnath Kapse
Age : 48 years, Occ : Service,
R/o C/o. Z.P. M.S. Neknoor,
Tq. & Dist. Beed.
21. Sulochana Angad Phad
Age : 40 years, Occ : Service,
R/o C/o. Z.P. M.S. Kumbhephal,
Tq. Kaij, Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through : Deputy Secretary,
School Education & Sports
Department, Mantralaya,
Extension Bhavan, Mumbai-32.
2. Director of Education (Primary),
Education Directorate,
Maharashtra Pune.
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3. The Chief Executive Officer,
Zilla Parishad, Beed,
Tq. & Dist. Beed.
4. Block Education Officer,
Panchayat Samiti Kaij,
Tq. Kaij, Dist. Beed.
5. Block Education Officer,
Panchayat Samiti, Ambajogai,
Tq. Ambajogai, Dist. Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 1511 OF 2018
1. Shrirang S/o Ashruba Ghodke
Age : 51 years, Occ : Service,
R/o Waghora, Tq. Majalgaon,
Dist. Beed.
2. Mohan S/o Haribhau Rathod
Age : 41 years, Occ : Service,
R/o Waghora, Tq. Majalgaon,
Dist. Beed.
3. Sumani S/o Haribhau Raut
Age : 49 years, Occ : Service,
R/o Anandgaon, Tq. Majalgaon,
Dist. Beed.
4. Keshav S/o Kisan Bharti
Age : 35 years, Occ : Service,
R/o Kharat Adgaon,
Tq. Majalgaon, Dist. Beed.
5. Chatrabhuj S/o Ramrao Gavali
Age : 40 years, Occ : Service,
R/o Harki Nimgaon,
Tq. Majalgaon, Dist. Beed.
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6. Balaprasad S/o Madanlal Chavan
Age : 40 years, Occ : Service,
R/o Mali Pargaon, Tq. Majalgaon,
Dist. Beed.
7. Piraji S/o Malhari Wanole
Age : 34 years, Occ : Service,
R/o Abegaon, Tq. Majalgaon,
Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through the Secretary,
School Education & Sports
Department, Maharashtra State,
Mumbai-32.
2. The State of Maharashtra
Through the Secretary,
Rural Development Department,
Maharashtra State, Mumbai-32.
3. The Director of Education (Primary),
Maharashtra State, Pune.
4. The Chief Executive Officer,
Beed Zilla Parishad, Beed.
5. The Education Officer (Primary),
Beed Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITION NO. 1606 OF 2018
1. Ajinath Bhausaheb Pache
Age : 39 years, Occ : Service,
R/o Devinimgaon, Tq. Ashti,
Dist. Beed.
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2. Babasaheb Shripati Londhe
Age : 43 years, Occ : Service,
R/o Daithana, Post. Takalsing,
Tq. Ashti, Dist. Beed.
3. Sanjay Shrivant Sole
Age : 40 years, Occ : Service,
R/o Shikshak Colony, Matoshri Nagar,
Khadkat Road, Ashti
4. Altaf Mohmad Shaikh
Age : 43 years, Occ : Service,
R/o Takalsing, Post. Takalsing,
Tq. Ashti, Dist. Beed
5. Usha Sakharam Morale
Age : 38 years, Occ : Service,
R/o Near 132 (K.V.) Sub Station,
Ashti, Tq. Ashti, Dist. Beed.
6. Somanth Waman Walke
Age : 35 years, Occ : Service,
R/o Loni (S), Tq. Ashti, Dist. Beed.
7. Sayyed Sallaudin Sayyed Rahiman
Age : 42 years, Occ : Service,
R/o Pimparkhed, Tq. Jamkhed,
Dist. Ahmednagar.
8. Salim Shikandar Shaikh
Age : 40 years, Occ : Service,
R/o Khuntefal, Tq. Ashti,
Dist. Beed.
9. Sachin Raghunath Andhale
Age : 39 years, Occ : Service,
R/o Limbodi, Tq. Ashti, Dist. Beed.
10. Dattatray Trimbak Gadekar
Age : 42 years, Occ : Service,
R/o Khadkat, Tq. Ashti,
Dist. Beed.
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11. Shobhana Vishwanath Satav
Age : 38 years, Occ : Service,
R/o Behind Tekade Hospital,
Ashti, Tq. Ashti, Dist. Beed.
12. Raghunath Ramji Khandagale
Age : 43 years, Occ : Service,
R/o Shindewadi, Tq. Ashti,
Dist. Beed.
13. Sadu Bhausaheb Gavhane
Age : 48 years, Occ : Service,
R/o Velturi, Tq. Ashti,
Dist. Beed.
14. Shahadev Ajinath Pimple
Age : 42 years, Occ : Service,
R/o Matoshri Coloney,
Ashti, Tq. Ashti, Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through the 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. 1607 OF 2018
1. Sunil S/o Dnyanoba Khedkar
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Nandevali,
Tq. Shirur (K), Dist. Beed.
2. Dilip S/o Namdeo Jaybhaye
Age : 51 years, Occ : Service,
R/o Z.P.P.S. Shirur,
Tq. Shirur (K), Dist. Beed.
3. Madhukar S/o Babasaheb Sanap
Age : 42 years, Occ : Service,
R/o Z.P.P.S. Hivarsinga,
Tq. Shirur (K), Dist. Beed.
4. Dnyanoba S/o Bhaguji Dhakane
Age : 56 years, Occ : Service,
R/o Z.P.P.S. Zapewadi,
Tq. Shirur (K), Dist. Beed.
5. Bharat S/o Hanumant Dhakane
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Dhangarwadi,
Tq. Shirur (K), Dist. Beed.
6. Suresh S/o Shankar Sonwane
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Dhangarwadi,
Tq. Shirur (K), Dist. Beed.
7. Haribhau S/o Daulatrao Kanthale
Age : 54 years, Occ : Service,
R/o Z.P.P.S. Tagadgaon,
Tq. Shirur (K), Dist. Beed.
8. Raghunath S/o Govindrao Nagargoje
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Nimgaon (M),
Tq. Shirur (K), Dist. Beed.
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9. Ajinath S/o Laxman Deshmukh
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Gomalwada,
Tq. Shirur (K), Dist. Beed.
10. Namdeo S/o baburao Jaybhaye
Age : 51 years, Occ : Service,
R/o Z.P.P.S. Pimpalner,
Tq. Shirur (K), Dist. Beed.
11. Sanjaykumar S/o Baburao Dorle
Age : 45 years, Occ : Service,
R/o Z.P.P.S. Jatnandur,
Tq. Shirur (K), Dist. Beed.
12. Tajuddin S/o Muniruddin Shaikh
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Bargajwadi,
Tq. Shirur (K), Dist. Beed.
13. Vitthal S/o Maruti Jadhav
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Wadali,
Tq. Shirur (K), Dist. Beed.
14. Eknath S/o Bhanudas Kharat
Age : 43 years, Occ : Service,
R/o Z.P.P.S. Vadali,
Tq. Shirur (K), Dist. Beed.
15. Pradip S/o Raghunath Kanthale
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Bavi,
Tq. Shirur (K), Dist. Beed.
16. Sominath S/o Sitaram Misal
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Vanjarwadi,
Tq. Shirur (K), Dist. Beed.
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17. Asha Devrao Garkal
Age : 42 years, Occ : Service,
R/o Z.P.P.S. Raymoha,
Tq. Shirur (K), Dist. Beed.
18. Subhash S/o Bhagwan Kanthale
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Yelamb (B),
Tq. Shirur (K), Dist. Beed.
19. Mahadeo S/o Rabhaji Shirsat
Age : 49 years, Occ : Service,
R/o Z.P.P.S. Khopati,
Tq. Shirur (K), Dist. Beed.
20. Mubarak S/o Shabbir Shaikh
Age : 48 years, Occ : Service,
R/o Z.P.H.S. Shirapur (Gat),
Tq. Shirur (K), Dist. Beed.
21. Shivaji S/o Kashinath Dudhal
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Limba,
Tq. Shirur (K), Dist. Beed.
22. Suresh S/o Laxman Londhe
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Bavi,
Tq. Shirur (K), Dist. Beed.
23. Lateef Hamid Sayyed
Age : 49 years, Occ : Service,
R/o Z.P.P.S. Rakshashbhuvan,
Tq. Shirur (K), Dist. Beed.
24. Mohan S/o Sudhakar Kulthe
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Rakshashbhuvan,
Tq. Shirur (K), Dist. Beed.
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25. Ashok S/o Narayan Shirsat
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Bhadkel,
Tq. Shirur (K), Dist. Beed.
26. Rajendra S/o Bhanudas Shinde
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Bhadkel,
Tq. Shirur (K), Dist. Beed.
27. Uttam S/o Nivrutti Tambe
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Pimpalner,
Tq. Shirur (K), Dist. Beed.
28. Kalyan S/o Dnyanoba Sanap
Age : 49 years, Occ : Service,
R/o Z.P.P.S. Anandwadi,
Tq. Shirur (K), Dist. Beed.
29. Jalindar S/o Ram Gaikwad
Age : 43 years, Occ : Service,
R/o Z.P.P.S. Badewadi,
Tq. Shirur (K), Dist. Beed.
30. Dattatray S/o Krishnat Gadekar
Age : 41 years, Occ : Service,
R/o Z.P.H.S. Phulsangvi,
Tq. Shirur (K), Dist. Beed.
31. Bhausaheb S/o Kashinath Shelake
Age : 4 years, Occ : Service,
R/o Z.P.H.S. Phulsangvi,
Tq. Shirur (K), Dist. Beed.
32. Baban S/o Bhanudas Tambe
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Shirapur (D),
Tq. Shirur (K), Dist. Beed.
33. Chhatrapati S/o Tanaji Sasane
Age : 48 years, Occ : Service,
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R/o Z.P.P.S. Hivarsinga,
Tq. Shirur (K), Dist. Beed.
34. Shilpabai Vishnu Badade
Age : 40 years, Occ : Service,
R/o Z.P.P.S. Hivarsinga,
Tq. Shirur (K), Dist. Beed.
35. Santosh S/o Bhaurao Bhabad
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Ukirda (Ch),
Tq. Shirur (K), Dist. Beed.
36. Gangasagar Nanasaheb Maske
Age : 49 years, Occ : Service,
R/o Z.P.P.S. Shirapur (D),
Tq. Shirur (K), Dist. Beed.
37. Bhagwat S/o Laxman Garkal
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Malegaon,
Tq. Shirur (K), Dist. Beed.
38. Suresh S/o Ramrao Nagargoje
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Therala,
Tq. Shirur (K), Dist. Beed.
39. Phulchand S/o Ashruba Bade
Age : 51 years, Occ : Service,
R/o Z.P.P.S. Mahasangvi,
Tq. Patoda, Dist. Beed.
40. Sanjay S/o Mahadev Jaybhay
Age : 39 years, Occ : Service,
R/o Z.P.H.S. Sautada,
Tq. Patoda, Dist. Beed.
41. Vitthal S/o Ramkrushna Binwade
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Mahadangvi
Tq. Patoda, Dist. Beed.
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42. Ramrao S/o Sakharam Bangar
Age : 50 years, Occ : Service,
R/o Z.P.P.S. Manzari,
Tq. & Dist. Beed.
43. Ashok S/o Vishwanath Khose
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Mandavjali,
Tq. & Dist. Beed.
44. Bibishan S/o Rambhau Shelke
Age : 45 years, Occ : Service,
R/o Z.P.P.S. Imampur,
Tq. & Dist. Beed.
45. Suresh S/o Dhondiram Kamble
Age : 45 years, Occ : Service,
R/o Z.P.P.S. Loladgaon,
Tq. & Dist. Beed.
46. Prabhawati Dashrath Jadhavar
Age : 38 years, Occ : Service,
R/o Z.P.P.S. Loladgaon,
Tq. & Dist. Beed.
47. Aruna Saudagar Zapugade
Age : 47 years, Occ : Service,
R/o Z.P.P.S. Pothara,
Tq. & Dist. Beed.
48. Vimal Changdev Choure
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Roulasgaon,
Tq. & Dist. Beed.
49. Jayshree Ramdas Mehetre
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Loladgaon,
Tq. & Dist. Beed.
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50. Bapu S/o Tatyasaheb Khandare
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Pothara,
Tq. & Dist. Beed.
51. Jankiram S/o Govardhan Kurund
Age : 47 years, Occ : Service,
R/o Z.P.P.S. Kurla,
Tq. & Dist. Beed.
52. Vishnu S/o Sakharam Gore
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Shidod,
Tq. & Dist. Beed.
53. Popat S/o Dagdu Gaikwad
Age : 41 years, Occ : Service,
R/o Z.P.P.S. Raulasgaon,
Tq. & Dist. Beed.
54. Manjushri Somnath Gawali
Age : 32 years, Occ : Service,
R/o Z.P.P.S. Gawalwadi,
Tq. & Dist. Beed.
55. Nagutai Rangnath Joshi
Age : 57 years, Occ : Service,
R/o Z.P.P.S. Kakadhira,
Tq. & Dist. Beed.
56. Shailaja Satwa Ovhal
Age : 36 years, Occ : Service,
R/o Z.P.P.S. Jirewadi,
Tq. & Dist. Beed.
57. Shailesh S/o Pandharinath Chilwant
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Kakadhira,
Tq. & Dist. Beed.
58. Savitri Shripati Kamble
Age : 38 years, Occ : Service,
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21
R/o Z.P.P.S. Gandhinagar,
Tq. & Dist. Beed.
59. Shivnanda Dhondiram Tidke
Age : 46 years, Occ : Service,
R/o Z.P.P.S. Sadola,
Tq. Kaij, Dist. Beed.
60. Siraj Mahamad Shaikh
Age : 50 years, Occ : Service,
R/o Z.P.P.S. Khadparton,
Tq. Ambejogai & Dist. Beed.
61. Shaikh Shameem Begum Shaik Ameer
Age : 50 years, Occ : Service,
R/o Z.P.P.S. Guruwarpeth,
Ambejogai, Tq. Ambejogai,
Dist. Beed.
62. Jyoti Rameshwarrao Malode
Age : 42 years, Occ : Service,
R/o Z.P.P.S. Khaparton,
Tq. Ambejogai & Dist. Beed.
63. Babasaheb S/o Mahadeo Pawar
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Khilad,
Tq. Ashti, Dist. Beed.
64. Aslam Yakub Shaikh
Age : 48 years, Occ : Service,
R/o Z.P.P.S. Hivara,
Tq. Ashti & Dist. Beed.
65. Rameshwar S/o Bhimrao Sumbe
Age : 45 years, Occ : Service,
R/o Z.P.P.S. Shirapur,
Tq. Ashti, Dist. Beed.
66. Shidheshwar S/o Eknath Shendage
Age : 42 years, Occ : Service,
R/o Z.P.P.S. Sarate Wadgaon,
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Tq. Ashti, Dist. Beed.
67. Jayshri Manikrao Bade
Age : 37 years, Occ : Service,
R/o Z.P.P.S. Varvati,
Tq. Beed & Dist. Beed.
68. Vinod S/o Acchutrao Wagh
Age : 32 years, Occ : Service,
R/o Mitranagar, Beed,
Tq. Beed & Dist. Beed.
69. Govind S/o Ramkishan Yadav
Age : 49 years, Occ : Service,
R/o Z.P.P.S. Bhatumba,
Tq. Kaij & Dist. Beed.
70. Shivaji S/o Rohidas Jagtap
Age : 44 years, Occ : Service,
R/o Z.P.P.S. Limbarui,
Tq. Beed & Dist. Beed.
..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through the Secretary,
School Education & Sports
Department, Maharashtra State,
Mumbai-32.
2. The State of Maharashtra
Through the Secretary,
Rural Development Department,
Maharashtra State, 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),
Beed Zilla Parishad, Beed.
..RESPONDENTS
WITH
WRIT PETITOIN NO. 1609 OF 2018
Navnath S/o Govindrao Rakh
Age : 34 years, Occ : Service as
Primary Graduate Teacher,
Zilla Parishad Primary School,
Pimpari, Tq. Parli-Vaijnath,
District Beed.
..PETITIONER
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
WITH
WRIT PETITOIN NO. 1377 OF 2018
1. Siddharth S/o Ekanath Jadhav
Age : 37 years, Occ : Teacher,
R/o At Post. Devdahiphal,
Tq. Dharur, Dist. Beed.
2. Prabhakar S/o Devidas Ghadge
Age : 47 years, Occ : Teacher,
R/o At Kekatsarni, Post. Hole,
Tq. Kaij, Dist. Beed.
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3. Shivanand S/o Ganpati Swami
Age : 35 years, Occ : Teacher,
R/o At Ladegaon, Post. Adas,
Tq. Kaij, 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
.....
Shri S.A. Nagarsoge, Shri D.G. Kamble, Shri. M.K.
Deshpande, Shri V.P. Savant, Shri T.M. Tandale
and Shri A.V. Rakh, Advocates for the
petitioners.
Shri S.S. Dande, Shri C.S. Kulkarni, Shri S.B.
Yawalkar, Shri P.N. Kutti and Shri P.K.
Lakhotiya, AGPs for the Respondent/State.
Shri V.M. Chate, Advocate for Respondent Nos.3
and 4 in WP Nos. 1186/2018, 1195/2018 and
1198/2018,
Shri V.M. Chate, Advocate for Respondent Nos.3 to
5 in WP No.1206/2018.
Shri Kiran B. Jadhavar, Advocate for Respondent
Nos.3 and 4 in WP Nos. 1606/2018, 1609/2018 and
1377/2018
Shri Kiran B. Jadhavar, Advocate for Respondent
Nos.4 and 5 in WP Nos. 1511/2018 and 1607/2018,
.....
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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.
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 ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 26 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 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.
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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.
6. 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, ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 28 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.
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 1 2016(5) Mah.L.J. 593 ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 29 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 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, ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 30 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."
7. 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 :-
ORDER:-
(i) The impugned orders dated 14th December, 2017 issued by the Respondent - Chief Executive Officer, Zilla Parishad, Beed is quashed and set aside. The petitions are ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 31 accordingly allowed. Rule made absolute in above terms.
However, we make it clear that, we have quashed and set aside the impugned orders 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 from passing an appropriate order on merits.
(ii) Other similarly situated teachers, whose names are mentioned in the impugned orders 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 ::: Uploaded on - 20/02/2018 ::: Downloaded on - 21/02/2018 02:04:11 ::: 1186.18WP+.odt 32 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 orders.
[S.M.GAVHANE] [S.S.SHINDE]
JUDGE JUDGE
SGA
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