Dismissed

Madhukar Nivrutti Gaikwad and Others v. the State of Maharashtra and Others

Bombay HC6 Jun 2016WP/2018/2016

Case brief

AI extract

What is this about?

Division Bench rejected writ petitions from primary teachers challenging their removal from posts to make way for para-teachers. Court held prior judgments on seniority lists were final and surplus teachers must be absorbed first.

What did the court decide?

Petitions rejected; interference with absorption of surplus teachers denied; interim order discontinued.

Madhukar Nivrutti Gaikwad and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2017 OF 2016

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1. Ravindra s/o. Chandraharsh Suryawanshi, Age- 37 Years, Occu. Service, At Primary School, Krushna Nagar, Omerga, Tq. Omerga, District-Osmanabad

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2. Pandit s/o. Balu Rathod, Age-40 Years, Occu. Service, At Primary School, Shital Nagar, Lohara, Tq. Lohara, Dist. Osmanabad

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3. Sanjiv s/o Hiru Rathod, Age-34 Years, Occu. Service, At Primary School, Naiknagar [S], Tq. Omerga, Dist. Osmanabad.

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4. Basweshraw s/o. Damodar Parkale, Age-45 Years, Occu. Service, At Primary School, Zopadpatti, Babhalgaon, Tq.Tuljapur, Dist. Osmanabad.

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5. Smt. Bharti Sakharam Hajare, Age-45 Years, Occu. Service, At Primary School, Zopadpatti Suradgaon, Tq. Tuljapur, Dist. Osmanabad.

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6. Smt. Suvarna Ajay Shivkar, Age-31 Years, Occu. Service, At Primary School, Kore Vasti, Kesegaon, Tq. Tuljapur, Dist. Osmanabad.

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7. Prafulla s/o. Dattatraya Algude, Age-41 Years, Occu. Service, At Primary School, Chaptpatne Nagar,

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Kasgi, Tq.Omerga, Dist. Osmanabad.

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8. Suvarna Dhondiram Futane, Age-37 Years, Occu. Service, At Primary School, Pardhi Pedhi, Palsap, Tq. & Dist. Osmanabad.

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9. Sunita Nashiket Karale, Age-32 Years, Occu. Service, At Primary School, Patil Vasti, Shirsav, Tq. Paranda, Dist. Osmanabad.

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10. Sunita Kashinath Suryawanshi, Age-39 Years, Occu. Service, At Primary School, Datta Nagar, Dhoki, Tq. & Dist. Osmanabad.

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11. Smt. Dropadi Nagnath Landge, Age-35 Years, Occu. Service, At Primary School, Ambikanagar, Katgaon, Tq. Tuljapur, Dist. Osmanabad.

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12. Shivaji s/o Mitthu Rathod, Age-43 Years, Occu. Service, At Primary School, Ramnagar, Rati Tanda, Tq.Tuljapur, Dist. Osmanabad.

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13. Balu Baburao Anerao, Age-45 Years, Occu. Service, At Primary School, Jogeshwari Vasti, Para, Tq. Washi, Dist.Osmanabad.

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14. Smt.Sunita Suryodhan Tate, Age-39 Years, Occu. Service, At Primary School, Mali Vasti, Gaur, Tq.Kallamb, Dist. Osmanabad.

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15. Smt. Vaishali Rajendra Jawale, Age-34 Years, Occu. Service,

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At Primary School, Gayran Vasti,
Gandhora, Tq.Tuljapur, Dist. Osmanabad.

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16. Apparao s/o. Jagannath Gofane, Age-35 Years, Occu. Service, At Primary School, Patil Vasti, Bhotra, Tq.Paranda, Dist. Osmanabad.

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17. Subhash s/o. Digambarrao Jadhav, Age-48 Years, Occu. Service, At Primary School, Zopadpatti, Devsinga, Tq.Tuljapur, Dist. Osmanabad.

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18. Sandip s/o. Venkat Khaire, Age-29 Years, Occu. Service, At Primary School, Khaire Vasti, Pachpimpala, Tq.Paranda, Dist. Osmanabad.

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19. Shivaji s/o. Yashwant Waghmare, Age-38 Years, Occu. Service, At Primary School, Laman Tanda, Mendha, Tq. & Dist. Osmanabad.

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20. Sunita Pandurang Maskar, Age-37 Years, Occu. Service, At Primary School, Barad Vasti, Mangrul, Tq. Kallamb, Dist. Osmanabad.

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21. Smt. Mahananda Gorakh Borade, Age-44 Years, Occu. Service, At Primary School, Kusum Nagar, Bhoom, Tq. Bhoom, Dist. Osmanabad.

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22. Sahebrao s/o. Appasaheb Maknikar, Age-44 Years, Occu. Service, At Primary School, Juni Vasti, Makani, Tq. Lohara, Dist. Osmanabad.

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23. Sachin s/o Manohar Patil, Age-30 Years, Occu. Service, At Primary School, Pardhi Pedhi, Bukkanwadi, Tq. & Dist. Osmanabad

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..PETITIONERS

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VERSUS

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1. The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya, Mumbai-32.

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2. The Director of Education, Maharashtra State, Pune.

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3. The Commissioner of Education, Pune.

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4. The Zilla Parishad, Osmanabad, Through its Chief Executive Officer

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5. The Education Officer [Primary], Zilla Parishad, Osmanabad.

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6. Santosh s/o. Dashrath Kashid, Age-30 Years, Occu.Nil & Unemployed, R/o. Sanja, Tq. & Dist. Osmanabad.

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7. Harischandra s/o. Fulchand Hogale, Age-31 Years, Occu.Nil & Unemployed, R/o. Gopalwadi, Post Tadwal, Tq. & Dist. Osmanabad.

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8. Hemant s/o Ashok Joshi, Age 28 Years, Occu.Nil & Unemployed, R/o. Sanvi [Kati], Tq.Tuljapur, Dist. Osmanabad.

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9. Annasaheb s/o. Dnyandev Jagdale, Age-31 Years, Occu.Nil & Unemployed, R/o. Gopalwadi, Post-Tadwal, Tq. & Dist. Osmanabad.

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10. Manjusha Shriram Kawade, Age-43 years, Occu.Nil & Unemployed, R/o. Washi, Tq. Washi, Dist. Osmanabad. RESPONDENTS

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WITH

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WRIT PETITION NO. 2018 OF 2016

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1. Madhukar s/o Nivrutti Gaikwad, Age : 47 Years, Occu. Servie, At Primary School, Bhimnagar, Diggri, Tq. Omerga, Dist. Osmanabad.

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2. Satling s/o Kisan Lokhande, Age : 36 Years, Occu. Service, At Primary School, Pardhi Vasti, Khamaswadi, Tq. Kallamb,

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Dist. Osmanabad.

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3. Pradeep s/o Govindrao More, Age : 48 Years, Occu. Service, At Primary School, Salgara, Tq. Tuljapur, Dist. Osmanabad.

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4. Smt. Maya Vitthal Survase, Age : 53 Years, Occu. Service, At Primary School, Patil Tanda, Andoor, Tq. Tuljapur, Dist. Osmanabad.

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5. Subhadra Chandrakant Kulkarni, Age : 43 Years, Occu. Service, At Primary School, Deshmukh Kota, Andoor, Tq. Tuljapur, Dist. Osmanabad.

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6. Babasaheb s/o Pandurang Ubale, Age : 49 Years, Occu. Service, At Primary School, Ubale Vasti, Satra, Tq. Kallamb, Dist. Osmanabad.

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7. Smt. Anjana Somnath Adsul, Age : 39 Years, Occu. Service, At Primary School, Rajesh Nagar, Dhoki, Tq. & Dist. Osmanabad.

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8. Archana Govindrao Survase, Age : 38 Years, Occu. Service, At Primary School, Bagwan Vasti, Dalimb, Tq. Omerga, Dist. Osmanabad.

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9. Balasaheb s/o Shahaji Pade, Age : 35 Years, Occu. Service, At Primary School, Hanuman Nagar, Pimpri, Tq. Kallamb, Dist. Osmanabad.

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10. Smt. Shakuntala Baban Panchal, Age : 33 Years, Occu. Service, At Primary School, Gavthan Vasti, Wagholi, Tq. & Dist. Osmanabad.

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11. Ananasaheb s/o Bibhishan Bondar, Age : 37 Years, Occu. Service, At Primary School, Giri Vasti, Wadgaon, Kallamb, Dist. Osmanabad.

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12. Rekha Shrimant Ghodke, Age : 39 Years, Occu. Service, At Primary School, Dhangar Vasti, Omerga, Tq. Omerga, Dist. Osmanabad.

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13. Vasanti Umagi Gaikwad, Age : 40 Years, Occu. Service, At Primary School, Indira Nagar, Kathi, Tq. Tuljapur, Dist. Osmanabad.

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14. Vandana Bibhishan Shinde, Age : 37 Years, Occu. Service, At Primary School, Basweshwar Nagar, Chiuri, Tq. Tuljapur, Dist. Osmanabad.

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15. Smt. Nirmala Rama Rathod, Age : 39 Years, Occu. Service, At Primary School, Nakhori Tanda, Tq. Tuljapur, Dist. Osmanabad.

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16. Vikram s/o Shankarrao Salunke, Age : 46 Years, Occu. Service, At Primary School, Laman Tanda, Ghargaon, Tq. Kallamb, Dist. Osmanabad.

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17. Anant s/o Karbhari Dongare, Age : 43 Years, Occu. Service, At Primary School, Ramnagar, Kothala, Tq. Kallamb, Dist. Osmanabad.

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18. Uttreshwar Marotirao Awad, Age : 41 Years, Occu. Service, At Primary School, Kaldate Vasti, Awad Shirpura, Tq. Kallamb, Dist. Osmanabad.

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19. Shrimant s/o Rambhau Gambhire, Age : 43 Years, Occu. Service, At Primary School, Gayran Vasti, Itkur, Tq. Kallamb, Dist. Osmanabad.

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20. Smt. Mandodari Hariba Gholap, Age : 48 Years, Occu. Service, At Primary School, Pardhi Vasti, Andora, Tq. Kallamb, Dist. Osmanabad.

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21. Balika Balbhim Shinde, Age : 39 Years, Occu. Service, At Primary School, Nana Nagar, Dabha, Tq. Kallamb, Dist. Osmanabad.

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22. Khuddus Syed Rasool Syed, Age : 48 Years, Occu. Service, At Primary School, Idgah Vasti,

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Ranjani, Tq. Kallamb,
Dist. Osmanabad.

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23. Jayshree Trimbakrao Kawade, Age : 41 Years, Occu. Service, At Primary School, Ramnagar, Kanherwadi, Tq. Kallamb, Dist. Osmanabad.

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24. Kakasaheb s/o Gagdu Dhumal, Age : 39 Years, Occu. Service, At Primary School, Pardhi Vasti, Gopalwadi, Tq. & Dist. Osmanabad.

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25. Pratibha Ramhari Lokare, Age : 39 Years, Occu. Servie, At Primary School, Ahilya Vasti, Kherda, Tq. Kallamb, Dist. Osmanabad.

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26. Kishor s/o Navnath Lokare, Age : 49 Years, Occu. Service, R/o Pavkai Vasti, Yedshi, Tq. & Dist. Osmanabad.

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27. Baliram s/o Nivrutti Chavan, Age : 38 Years, Occu. Service, At Primary School, Eknathwadi, Dhogi, Tq. & Dist. Osmanabad.

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28. Mahadeo s/o Baburao Sarwade, Age : 37 Years, Occu. Service, At Primary School, Sambhaji Nagar, Tq. Omerga, Dist. Osmanabad.

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29. Shivaji s/o Sopan Shinde, Age : 37 Years, Occu. Service, Primary School, Gadage Vast, Bhotra, Tq. Paranda, Dist. Osmanabad.

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30. Dhananjay s/o Shivaji Thombare, Age : 37 Years, Occu. Service, At Primary School, Priyadarshini Nagar,

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Barul, Tq. Tuljapur, Dist. Osmanabad.

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31. Aba s/o Subhashrao Magar, Age : 40 Years, Occu. Service, At Primary School, Zopadpatti, Sangvi Kathi, Tq. Tuljapur, Dist. Osmanabad.

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32. Balbhim s/o Subhash Bhoite, Age : 34 Years, Occu. Service, At Primary School, Bhoite Vasti, Kilaj, Tq. Tuljapur, Dist. Osmanabad.

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33. Narayan s/o Jaysing Kedar, Age : 34 Years, Occu. Service, At Primary School, Nandgul Tanda, Bornadi Wadi, Tq. Tuljapur, Dist. Osmanabad.

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34. Rajendra s/o Tulshiram Suryawanshi, Age : 38 Years, Occu. Service, At Primary School, Kharab Vasti, Madaj, Tq. Omerga, Dist. Osmanabad.

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35. Dattatraya s/o Trimbak Pawar, Age : 43 Years, Occu. Service, Primary School, Pardhi Vasti, Golegaon, Tq. Bhoom, Dist. Osmanabad.

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36. Vijay s/o Bhimrao Jarande, Age : 37 Years, Occu. Service, At Primary School, Atole Vasti, Pandhrewadi, Tq. Paranda, Dist. Osmanabad.

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37. Ramesh s/o Ganpati Shivankar, Age : 38 Years, Occu. Service, Primary School, Surve Vasti, Chichpur, Tq. Paranda, Dist. Osmanabad.

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38. Dadasaheb s/o Ajinath Jagtap, Age : 43 Years, Occu. Service, At Primary School, Pawar Nagar, Ingonda, Tq. Paranda, Dist. Osmanabad.

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39. Shahaji s/o Shivaji Zagade, Age : 45 Years, Occu. Service, At Primary School, Shevale Nagar, Tq. Paranda, Dist. Osmanabad.

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40. Balaji s/o Mahadeo Gunjal, Age : 42 Years, Occu. Service, At Primary School, Gunjal Vasti, Wangi (Bk), Tq. Bhoom, Dist. Osmanabad.

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41. Bhairu s/o Govind Shiralkar, Age : 45 Years, Occu. Service, Primary School Tukainagar, Antargaon, Tq. Bhoom, Dist. Osmanabad.

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42. Balkrushna s/o Govind Shiralkar, Age : 45 Years, Occu. Service, At Primary School, Purva Nagar, Jamb, Tq. Bhoom, Dist. Osmanabad.

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43. Digambar s/o Laxman Joshi, Age : 38 Years, Occu. Service, Parmary School, Amaie Vasti, Bhoom, Tq. Bhoom, Dist. Osmanabad.

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44. Rajkumar s/o Kisanrao Sarwade, Age : 42 Years, Occu. Service, At Primary School, Siddheshwar Vasti, Padoli, Tq. Kallamb, Dist. Osmanabad.

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45. Ajim Mukram Attar, Age : 38 Years, Occu. Service, At Primary School, Mallikarjun Nagar, Balsur, Tq. Omerga, Dist. Osmanabad.

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46. Adikrao s/o Shivram Waghmare, Age : 43 Years, Occu. Service, At Primary School, Uloop Phata, Uloop, Tq. Bhoom, Dist. Osmanabad.

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47. Rajendra s/o Sheshrao Bhosale, Age : 38 Years, Occu. Service, At Primary School, Narayan Nagar, Kond, Tq. & Dist. Osmanabad.

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48. Navnath s/o Murlidhar Shelke, Age : 37 Years, Occu. Service, At Primary School, Laman Tanda, Aarni, Tq. & Dist. Osmanabad.

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49. Sudhakar s/o Ramrao Ghodke, Age : 41 Years, Occu. Service, At Primary School, Navin Vasti, Lohara, Tq. Lohara, Dist. Osmanabad.

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50. Mahadeo s/o Kisanrao Kokate, Age : 41 Years, Occu. Service, At Primary School, More Vasti, Rui, Tq. & Dist. Osmanabad.

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51. Rameshwar s/o Bhagwat Kande, Age : 44 Years, Occu. Service, At Primary School, Nathwadi, Sapnai, Tq. Kallamb, Dist. Osmanabad. ..PETITIONERS

Versus

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1. The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya, Mumbai – 32.

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2. The Director of Education, Maharashtra State, Pune.

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3. The Commissioner of Education, Pune.

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4. The Zilla Parishad, Osmanabad, Through its Chief Executive Officer.

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5. The Education Officer (Primary), Zilla Parishad, Osmanabad.

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6. Santosh s/o Dashrath Kashid, Age : 30 Years, Occu. Nil & Unemployed, R/o Sanja, Tq. & Dist. Osmanabad.

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7. Harischandra s/o Fulchand Hogale, Age : 31 years, Occu. Nil & Unemployed, R/o Gopalwadi, Post – Tadwal, Tq. & Dist. Osmanabad.

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8. Hemant s/o Ashok Joshi, Age : 28 Years, Occu. Nil & Unemployed, R/o Sanvi (Kati), Tq. Tuljapur, Dist. Osmanabad.

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9. Annasaheb s/o Dnyandev Jagdale, Age : 31 Years, Occu. Nil & Unemployed, R/o Gopalwadi, Post – Tadwal, Tq. & Dist. Osmanabad.

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10. Manjusha Shriram Kawade, Age : 43 Years, Occu. Nil & Unemployed, R/o Washi, Tq. Washi, Dist. Osmanabad. ...

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RESPONDENTS

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...

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Advocate for Petitioners : Mr. A.N. Nagargoje
A.G.Ps. for Respondent/State : Mrs. A.V. Gondhalekar
& Mr. U.H. Bhogale

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Advocate for Respondent Nos.4 and 5: Mr. N.U. Yadav
Advocate for Respondent Nos. 6 to 10 : Mr.V. S. Undre

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....

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CORAM : S.S. SHINDE &
 SANGITRAO S. PATIL, JJ.

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RESERVED ON : May 4, 2016
PRONOUNCED ON : June 6, 2016
…

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JUDGMENT :- (PER S.S. SHINDE, J)

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Both these Petitions take exception

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to the show-cause notice issued on 9th

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February, 2016 by Respondent Nos. 4 and 5,

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and also seek declaration that the

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petitioners, who are primary teachers of

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upgraded para-schools in view of Government
Resolutions dated 27th March, 2008 and 23rd
June, 2008 on converted/upgraded 82 para-

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schools into primary schools, are entitled to

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have better claim than the 44 para teachers,

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who were not converted into primary teachers,
according to the above referred Government
Resolutions.

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2.The learned counsel appearing for

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the petitioners submits that the petitioners
are working for more than one and half year.
Respondent Nos. 6 to 10 are the para-
teachers. Their schools were not in
existence at the time of issuance of the
Government Resolution dated 27th March, 2008.

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These para-schools are not upgraded or
converted into primary schools. Respondent

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Nos. 6 to 10 have filed Writ Petition

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No. 6484 of 2014 (Santosh Dashrath Kashid and
others V/s The State of Maharashtra and

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others) and Writ Petition No. 9920 of 2014

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(Manjusha Shriram Kawade V/s The State of
Maharashtra and others), challenging the
appointment orders issued in favour of the

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present petitioners on 23rd June, 2014 and 27th

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June, 2014. Those Petitions have been decided
by this Court. However, it was not brought to

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the notice of the Division Bench of this
Court that the 44 teachers, who were out of

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service, were given appointment for a
temporary period of 10 months, in view of
Government Resolution dated 31st July, 2009,
on contract basis. The said appointments were
on regular establishments of Zilla Parishad
and not on any of the upgraded primary
schools.

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3.The learned counsel appearing for

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the petitioners submits that the show-cause

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notice issued by the Zilla Parishad is
predetermined action, based on joint enquiry
committee report. During the said enquiry,
neither any notice or opportunity of hearing
is given nor the enquiry report is provided
to the petitioners, and it is held that the
appointments made are illegal. Therefore, the
44 para-teachers, who are claiming seniority
over the petitioners on the basis of their
date of appointment and claiming benefit of
Government Resolution dated 1st March, 2014,

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are not entitled for the said relief. It is
submitted that the Government Resolution
dated 1st March, 2014, cannot be implemented
independently without considering the effect
and consequence of Government Resolutions
dated 27th March, 2008, 23rd June, 2008 and 29th

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October, 2008. The para-teachers, who were

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initially appointed by Village Education
Committee, were transferred to Zilla Parishad
by virtue of Government Resolutions dated 27th

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March, 2008 and 23rd June, 2008. In the State
of Maharashtra, 3384 para-schools were
converted into primary schools and posts of

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primary teachers were created in these
schools. It is submitted that the para-
teachers, who were in service and the para-

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schools, which are in existence, are
upgraded. The petitioners belong to the said
upgraded 82 schools. The 44 teachers, who
were claiming seniority and appointments have
not placed on record information in respect

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of whether their schools were upgraded and in
absence of such upgradation, whether they can
be appointed on the said primary schools. It
is submitted that by virtue of Government
Resolution dated 29th October, 2009, the para-
teachers serving in the primary schools were
given honorarium at the increased rate of
Rs.3500/-. The petitioners are from amongst
those upgraded para-teachers.

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4.It is submitted that in any of the
Writ Petitions referred hereinbefore, the
question about consequence of upgradation of

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para-schools and creation of posts in primary
schools was not raised, discussed and
adjudicated. The 44 para-teachers and the

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Zilla Parishad have not placed on record the
correct factual position, effect and
consequence of non-upgradation of the para-

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schools where these candidates were initially
appointed by Village Education Committee. The

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notice issued by the Zilla Parishad indicates
that the Zilla Parishad wants to absorb
surplus primary teachers on their regular
establishment, by removing the present
petitioners. This action of Zilla Parishad is
illegal, since the primary teachers cannot be

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absorbed on the posts created by the
Government only for the purpose of absorption
of the para-teachers.

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5.In pursuance of the notices issued
to the Respondents, Respondent nos. 4 and 5
have filed affidavit-in-reply. Relying upon
the averments in the said affidavit-in-reply,
the learned counsel appearing for Respondent
Nos. 4 and 5 argued that as per the orders
passed by the Division Bench of this Court in
Writ Petition No. 6484 of 2014, and keeping
in view the Government Resolution dated 1st

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March, 2014, issued by the School Education
and Sports Department, Government of

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Maharashtra, wherein the procedure for
filling up the posts of Assistant Teachers,

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who have worked as para-teachers in Vasti

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Schools has been prescribed, the fresh
seniority list comprising of 126 candidates
has been prepared. In view of the order
passed in Writ Petition No. 6484 of 2014 and

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Writ Petition No.9920 of 2014, the seniority
list of para-teachers has been prepared, as
per their date of appointments as para-

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teachers. It is submitted that the present
petitioner no.18 Sandip S/o Venkat Khaire,
has challenged the said seniority list of

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para-teachers working with Zilla Parishad,
Osmanabad in Writ Petition no.6453 of 2015.

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The said Writ Petition No.6453 of 2015, was

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mainly contested on the ground that the
seniority list is required to be prepared

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only amongst those who got absorbed. It is

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submitted that while disposing of Writ
Petition No. 6453 of 2015, the High Court

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held that the Government Resolution dated 1st
March, 2014, did not make any difference
between para-teachers as to whether on 1st
March, 2014, they were working or retrenched.
Their status on the day of the Government
Resolution is immaterial for getting an
opportunity of absorption. The Government
Resolution clearly indicated that a para-
teacher, who gets appointed earlier in time,
would get preference even on absorption.

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6.It is further submitted that three

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member committee was appointed to find out

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the irregularity in appointments of 82
candidates. As per the report of the said
Committee, keeping aside the appointments of
the teachers available on roll on the post of
regular primary teachers, 82 para-teachers

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were absorbed illegally. It is further
submitted that the seniority list of para
teachers, comprising of 126 names include the

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present petitioners, Respondent Nos. 6 to 10
and other eligible candidates. The claim of
petitioners for getting absorbed would be
consideredafterfillingup157

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excess/surplus teachers, as the same has been
mentioned in the Sanch Manyata 2014-2015 (as
on 30th September, 2014) unit primary and
upper primary sections. It is submitted that
the said report shows that 157 regular
primary teachers are surplus, and therefore,
as on today there are no vacant posts
available with Respondent No.4. It is
submitted that Divisional Commissioner,
Aurangabad has issued letter to the Chief
Executive Officer, Zilla Parishad, Osmanabad
to fill up the posts of para-teachers after

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157 excess/surplus teachers have been
absorbed.

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7.We have carefully considered the

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submissions of the learned counsel appearing

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for the petitioners, the learned A.G.P. and

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the learned counsel appearing for Respondent

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Nos. 4 and 5. It is not clearly and
specifically disclosed in the present
Petition that the petitioner at Sr. No.18
Sandip S/o Venkat Khaire filed earlier Writ
Petition No. 6453 of 2015. Though it is

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mentioned in the Petition that the said Writ
Petition came to be filed in the High Court,
there is no specific statement that the said

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Writ Petition was filed by petitioner No.18.
In all fairness, in the beginning of the
petition, it ought to have been specifically
disclosed that Sandip Venkat Khaire,
petitioner No.18 herein, did file Writ
Petition No.6453 of 2015. Be that as it may,

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the Division bench ( Coram : A.V. Nirgude and

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V.K. Jadhav, JJ) in Writ Petition No.6453 of
2015, decided on 9th September, 2015, has
considered the arguments similar to those
which have been raised in the present

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¶226

Petition that on 1stMarch, 2014, the
Government of Maharashtra took a policy
decision to recognize the claim of all such
teachers who were either working in Vasti
Schools or who had been working in Vasti
Schools, to get regular appointments as
Assistant Teachers in Zilla Parishad Primary
Schools. Soon after the decision was taken,
the Zilla Parishad prepared two seniority
lists. One list was of 82 para-teachers who
were, at the relevant time, working as para-
teachers in various schools in the district.
The other list consisted of 44 names of the

¶227

candidates who were not working but were
retrenched earlier because of the closure of
schools.

¶228

8.Keeping in view the said arguments,
the Division Bench in para 2 of the judgment
observed that Zilla Parishad appointed 82
persons as Assistant Teachers. Aggrieved by

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¶230

¶231

this, the teachers of the second list came
before this Court and made a grievance that
the implementation of the policy was not
proper and they were unjustly left out.
Reference is given of Writ Petition No. 6484
of 2014 and Writ Petition No. 9920 of 2014.
It is also observed that both these Petitions

¶232

were disposed of because the Zilla Parishad
had conceded that they would take proper
steps by taking review of the earlier

¶233

decision of absorption of para-teachers and
by making further appointments as per
seniority. Pursuant to this statement, the

¶234

Zilla Parishad prepared the impugned
seniority list of para-teachers. This list
consists of 126 incumbents. In this list, the

¶235

fact as to whether a para-teacher was working

¶236

on 01.03.2014 as para-teacher or not has been
disregarded. The list is prepared as per the
date of appointment as para-teacher. Because
of this, the name of petitioner no.18 herein

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¶238

¶239

went down at serial no.125.

¶240

9.It further appears that the Division

¶241

Bench recorded the arguments of the learned
counsel appearing for the petitioner therein,
i.e., who is petitioner no.18 in this
Petition, that the seniority is required to

¶242

be prepared only of those incumbents who are
already absorbed. It is suggested that when
others would get absorbed, their seniority
would depend on their respective dates of
appointment as para-teacher. However, the
Division Bench adverting to the Government

¶243

Resolution dated 1st March, 2014 observed that

¶244

the said Government Resolution did not make

¶245

any difference between the para-teachers

¶246

working as on 1st March, 2014 or already

¶247

retrenched. Their status on the day of the
Government Resolution is immaterial for
getting an opportunity of absorption. The
Government Resolution clearly indicated that

¶248

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¶249

¶250

a para-teacher, who gets appointed earlier in

¶251

time, would get preference even for

¶252

absorption. The Division Bench further
observed that the approach is logical and
correct. Petitioner no.18 was absorbed in the

¶253

year 2014 and was likely to lose the
advantage of getting absorbed out of turn.

¶254

The petitioner has to accept this as a fact
of life. Besides this, the petitioner has a

¶255

good chance of getting absorbed some time

¶256

later because such statement is made by the
Zilla Parishad in affidavit-in-reply dated
17.08.2015. Therefore, the Division Bench

¶257

disposed of the said Writ Petition with the
observation that the Petition does not give
rise to a question that requires admission.

¶258

10.In the present Petitions also the

¶259

same issue is tried to be agitated by the

¶260

petitioners, though the said issue has
already been considered and decided at the

¶261

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¶262

¶263

instance of petitioner no.18 herein.

¶264

Therefore, in our opinion, the Respondent –
Zilla Parishad has rightly prepared the
seniority list comprising of 126 para-
teachers, keeping in view the Government
Resolution dated 1st March, 2014 and also the
order passed by this Court on 9th September,

¶265

2016 in Writ Petition No. 6453 of 2015. The
said order attained finality. Therefore, in

¶266

our opinion, the same issue needs no
reconsideration. However, we make it clear
that the Respondents shall adhere to the
provisions of the Government Resolution dated

¶267

1st March, 2014 and keeping in view the order
passed in Writ Petition No. 4653 of 2014
proceed further to redress the grievance of

¶268

the para-teachers, whose names have been
included in the seniority list prepared by
the Zilla Parishad.

¶269

11. The another contention of the

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¶271

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learned counsel appearing for the petitioners

¶273

is that the issue of absorption of 157

¶274

excess/surplus teachers raised by the
respondents, was not agitated in the earlier
Petition. According to the learned counsel,
if those 157 excess/surplus teachers are to
be absorbed, in that case, the petitioners
and other 44 teachers may not be absorbed by
the Zilla Parishad. In that respect, it

¶275

appears that the Committee was appointed
consisting of three members by the Zilla
Parishad for enquiry, and the said Committee
found that the appointment of 82 para-

¶276

teachers is made ignoring 156 excess/surplus
teachers to be absorbed. There are also
instructions from the Divisional Commissioner
Aurangabad to the Zilla Parishad to absorb
the first 157 excess/surplus teachers. In

¶277

that view of the matter, we cannot direct the

¶278

Respondents to keep aside the list of 157
excess/surplus teachers as per Sanch Manyata

¶279

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¶280

¶281

2014-2015 (as on 30th September, 2014) unit
primary and upper primary sections and
contrary to the Government Policy and absorb
the petitioners. However, we make it clear
that the respondents shall strictly adhere to
the Government Resolution dated 1st March,
2014 issued by the School Education
Department, Government of Maharashtra, after
absorption of 157 excess/surplus teachers.

¶282

12.With the above observations, the
Petitions stand rejected. No costs. Time to
reply the show-cause notice stands extended
by one week from today.

¶283

(SANGITRAO S. PATIL, J.)(S.S. SHINDE, J.)

¶284

After pronouncement of the judgment,

¶285

the learned counsel appearing for the
petitioners prays for continuation of interim

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¶288

order, which was in force during pendency of
the Petitions. The prayer is vehemently
opposed by the learned counsel appearing for
Respondents.

¶289

2.We are not inclined to continue the
interim order any further, which was in force
during the pendency of the Petitions. Hence
the prayer for continuation of the interim
order stands rejected.

¶290

SGA

Madhukar Nivrutti Gaikwad and Others v. the State of Maharashtra and Others

Case brief

What is this about?

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Madhukar Nivrutti Gaikwad and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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