Dismissed

Almas Begum Najakat Ali and Others v. Graded Head Master, Zilla Parishad, Urdu Bous School NO.1, Marul and Others

Bombay HC20 Aug 2015WP/9431/2013

Case brief

AI extract

What is this about?

Petitioners who worked on honorarium basis for three years without regular appointment via due recruitment process sought appointment as Shikshan Sevak. The Court dismissed the petition, holding that such ad-hoc work did not confer a right to regular employment, recommending they seek jobs through due process.

What did the court decide?

Writ petition dismissed; petitioners not entitled to appointment as Shikshan Sevak.

Almas Begum Najakat Ali and Others Vs Graded Head… — Education and Admissions | Bombay HC (2015)

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( 1 ) wp9431.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 9431 OF 2013

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Almas Begum Najakat Ali & Ors.

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..Petitioners
Versus

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Graded Head Master & Others..Respondents

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Mr.V.T. Chaudhary, Advocate for the petitioners.
Mrs.S.A. Dhumal, AGP for respondent/State.
Mr.R.N. Chavan h/f. Mr. Vijay Sharma, Advocate for
respondent Nos. 1 & 2.

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CORAM : A.V. NIRGUDE &
V.K. JADHAV,JJ.
DATED :20.08.2015

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P.C. :-

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1.The petitioners are seeking appointment as
Shikshan Sevak in Zilla Parishad School, where for last
three years or so, they were working on honorarium basis.
The petitioners have educational qualification of S.S.C.
and D.Ed. They approached the Tahsildar requesting him
to give them some job under Employment Guarantee Scheme
or such other schemes. The Tahsildar advised them to go
to Zilla Parishad School and work as primary school
teacher on honorarium basis. They were offered honorarium
of Rs.300/- per month. The petitioners accepted these
jobs and continued to work. Admittedly, they were never
appointed on regular basis after following due process of
recruitment as per the provisions of the Zilla Parishad
and Panchayat Samiti Act. After completing three years,

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their so called service was terminated. They now claim
that they should be appointed as Shikshan Sevak. They
placed reliance on the judgment of this Court in the case
ofRam Avadh Mahel Pal Vs. Shivdutta Educational Trust &

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Ors., 2007(6) Bom.C.R.23 and unreported judgment of
Bombay High Court (Principal Seat) in the case of Smt.
Farzana Chand Shaikh Vs. State of Maharashtra, WP No.8459
of 2008 dated 29.08.2009.

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2.We are not inclined to accept the contention of
the petitioners. The petitioners, admittedly, are not
appointed by following due process for recruitment. What
was offered to them by the Tahsildar was a kind of solace
or stop gap arrangement. During that time they ought to
have made efforts to get the job by following due process
of recruitment. By no stretch of imagination, the
petitioners would get any right of employment, even
though they worked for three years on honorarium basis.
The petition does not deserve admission.

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3.The writ petition stands dismissed.

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[V.K. JADHAV,J.]

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snk/2015/AUG15/wp9431.13

Almas Begum Najakat Ali and Others v. Graded Head Master, Zilla Parishad, Urdu Bous School NO.1, Marul and Others

Case brief

What is this about?

What did the court decide?

Almas Begum Najakat Ali and Others v. Graded Head Master, Zilla Parishad, Urdu Bous School NO.1, Marul and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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