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Uttamrao Ramraoji Deshmukh And 2 Ors vs Education Officer (Second) Zilla ... on 4 November, 2023
cites
Hindustan Steel Works Construction ... vs Hindustan Steel Works Construction ... on 10 February, 1995
In this regard, the
learned counsel for the petitioners placed reliance on the decisions in M/s.
Hindustan Tin Works Pvt. Ltd. vs. The Employees of M/s. Hindustan Tin Works
Pvt. Ltd. and others [(1979) 2 SCC 80], Chandrakant Shikshan Sanstha vs.
Rajendra s/o Ramaji Belekar and others [2010 (1) Mh.L.J. 391], Deepali Gundu
Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (B.Ed) and others [(2013) 10
SCC 324] and Gowramma C.(Dead) by Legal Representatives Vs.
Manager(Personnel), Hindustan Aeronautical Limited and another [(2022) 11 SCC
794]. It was thus prayed that the petitioners be held entitled to the reliefs prayed
for.
Gowramma C (Dead) By Lrs. vs Manager (Personnel) Hindustan ... on 23 February, 2022
In the context of the prayer for grant of back-wages, the
observations in paragraph 13 of the recent decision in Gowramma C. (supra) are
relevant. It has been observed as under:
N.T. Deshmukh And Ors. vs State Of Maharashtra And Ors. on 2 February, 2006
2. The petitioners in Writ Petition No. 5010 of 2007 are members of the
non-teaching staff of the Secondary School that was being conducted by the fourth
respondent-Education Society, Belora, a public Trust registered under the provisions
of the Maharashtra Public Trusts Act, 1950. The petitioners in Writ Petition
Nos.4857 of 2007 and 5011 of 2007 were members of the teaching staff of the said
School run by the public Trust. It is the case of the petitioners that despite
discharging satisfactory services, the Deputy Director of Education, Amravati on
18.05.1996 was pleased to de-recognise the school in question. In the said order it
was stated that since the results of the school were not satisfactory and it was
noticed that various facilities in the said school were not being provided in a
satisfactory manner, in exercise of the powers conferred by Clause 7.4 of the
Secondary School Code the recognition of the school was being withdrawn from
the Academic Session 1995-96. The petitioners being aggrieved by the aforesaid
WP-5010-07 c WP-4857-07 c WP-5011-07(J).odt
5/17
order passed by the Deputy Director of Education approached this Court in Writ
Petition No. 1372 of 1996 (N.T.Deshmukh and others Vs. State of Maharashtra and
others). By the judgment dated 02.02.2006 this Court held that prior to holding
the employees of the school responsible for the passing of the order of de-
recognition, it was necessary for the Education Officer(Secondary) to have given an
opportunity of hearing to them. Since the order of de-recognition was passed in
breach of principles of natural justice, the said order dated 18.05.1996 was set
aside. The Education Officer (Secondary) was directed to take a fresh decision in
the matter after giving due opportunity to the petitioners. It was further directed
that if it was found that the employees were not responsible for de-recognition of
the school, their respective cases for grant of pensionary benefits be examined.
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