Allowed

Adinath Raghunath Dalvi and Others v. the State of Maharashtra and Others

Bombay HC5 Apr 2018WP/1258/2018

Case brief

AI extract

What is this about?

This judgment allows four connected writ petitions filed by persons with disabilities. The Court held that the issue was already settled in companion matters decided on 19.12.2017 and 23.2.2018. Consequently, communication directing termination was quashed, entitlement to salary was affirmed, and pre-termination hearing was mandated.

What did the court decide?

Communication directing termination was quashed; opportunity of hearing mandated; unpaid salary ordered to be disbursed within 8 weeks.

Adinath Raghunath Dalvi and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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5 WRIT PETITION NO. 1257 OF 2018

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1.	Vijaykumar s/o Dadasaheb Zanje Age : 34 years, Occu. Service, R/o MIDC Area, Tq. Ashti, Dist. Beed.
2.	Dilip s/o Dhondiba Khillari, Age : 41 years, Occu. Service, R/o MIDC Area, Tq. Ashti, Dist. Beed.
3.	Sudhir s/o Baban Shinde, Age : 34 years, Occu. Service, R/o MIDC Area, Tq. Ashti, Dist. Beed. ….PETITIONERS
	VERSUS
1.	The State of Maharashtra, Through the Secretary, Social Welfare Department, Mantralaya, Mumbai-32
2.	The commissioner for Persons With Disabilities, Maharashtra State, Pune.
3.	The Director, Social Welfare, M.S., Pune
4.	The Chief Executive Officer, Zilla Parishad, Beed.
5.	The District Social Welfare Officer, Zilla Parishad, Beed.
6.	The President/Secretary, Chatrapati Shahu Apang Punrvasan Sanstha Ashti Sanchalit Ashti, Tq. Ashti, Dist. Beed.
7.	The Principal, Chatrapati Shahu Maharaj Asthivyang Nivasi Vidyalaya, Ashti Tq. Ashti & Dist. Beed. ...RESPONDENTS

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Adv. for petitioner : Mr. Sahebrao Nagarsoge AGP for Respondent state : Mr. S.S. Dande Adv. for Respondent no. 4 & 5 : Mr. S.P. Chate Adv. for Respondent no. 6 & 7 : Mr. N.T. Tribhuwan

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WITH

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WRIT PETITION NO. 1258 OF 2018

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Adinath s/o Raghunath Dalvi Age : 32 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed.

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Ishwar s/o Tukaram Raut Age : 26 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed.

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Kailas s/o Murlidhar Jadhav, Age : 31 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed.

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Jaya d/o Pandurang Thorve, Age : 33 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed.

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Nandabai d/o Trimbak Aute Age : 52 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed

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Sambhaji s/o Dharmnath Shirsath, Age : 26 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed.

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Ankush s/o Sitaram Tandle Age : 29 years, Occu. Service, R/o ITI Road, MIDC Area, Tq. Ashti, Dist. Beed. ….PETITIONERS VERSUS

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The State of Maharashtra, Through the Secretary, Social Welfare Department, Mantralaya, Mumbai-32

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The commissioner for Persons With Disabilities, Maharashtra State, Pune.

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The Director, Social Welfare, M.S., Pune

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The Chief Executive Officer, Zilla Parishad, Beed.

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The District Social Welfare Officer, Zilla Parishad, Beed.

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The President/Secretary, Shahu Maharaj Bahuddeshiy Sevabhavi Sanstha, V Shikshan Prasarak Mandal, Ashti, Tq. Ashti, Dist. Beed.

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The Principal, Shahu Maharaj Nivasi Mukh Badhir Vidyalaya, Ashti Tq. Ashti & Dist. Beed. ...RESPONDENTS Adv. for petitioner : Mr. Sahebrao Nagarsoge AGP for Respondent state : Mr. S.Y. Mahajan Adv. for Respondent no. 4 & 5 : Mr. S.P. Chate Adv. for Respondent no. 6 & 7 : Mr. N.T. Tribhuwan

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WITH

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WRIT PETITION NO. 1662 OF 2018

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Vikas Pandurang Kashid Age : 32 years, Occu. Service, R/o Naigaon, Tq. Patoda, Dist. Beed.

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Santosh Rangnath Misal Age : 35 years, Occu. Service, R/o as above.

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Chitra Laxman Nawle Age : 32 years, Occu. Service, R/o as above ...PETITIONERS VERSUS

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The State of Maharashtra, Through the Secretary, Social Welfare Department, Mantralaya, Mumbai-32

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The commissioner for Persons With Disabilities, Maharashtra State, Pune.

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The Director, Social Welfare, M.S., Pune

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The Chief Executive Officer, Zilla Parishad, Beed.

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The District Social Welfare Officer, Zilla Parishad, Beed.

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The President/Secretary, Indrayani Mahila Sevabhavi Sanstha, Tq. Patoda, Dist. Beed.

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The Principal, Nivasi Matimand Vidyalaya, Naigaon, Tq. Patoda & Dist. Beed.

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...RESPONDENTS

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Adv. for petitioner : Mr. Vaibhav Deshmukh AGP for Respondent state : Mr. P.K. Lakhotia Adv. for Respondent no. 4 & 5 : Mr. K.B. Jadhavar

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CORAM : R.M. BORDE & K.K. SONAWANE, JJ.

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DATE : 5^th April, 2018.

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ORAL JUDGMENT:-

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1] Rule. With the consent of parties petition is taken up for final hearing at the stage of admission.

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2] The issue raised in the petition is no more res-integra and is covered by the decision recorded by this court in Writ Petition No. 4618 of

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2017 decided on 19.12.2017 as well as Writ Petition No. 1984 of 2018 and other companion matters decided on 23.2.2018.

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3] For the reasons recorded in the aforesaid judgment,the instant petitions deserve to be allowed and the same are accordingly allowed. The communication issued by the Education Officer to the concerned management, directing the management to terminate the services of the petitioners is quashed and set aside. In the event the authorities concerned propose to terminate the services of the petitioners, the same shall not be done without extending an opportunity of hearing to the petitioners. The petitioners are entitled to receive the salary, if remained unpaid. The same shall be disbursed to the petitioners as expeditiously as possible and preferably within a period of 8 weeks.

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4] Rule is made absolute accordingly. There shall be no orders as to costs.

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[K.K.SONAWANE, J] [R.M. BORDE, J]

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grt/-

Adinath Raghunath Dalvi and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Adinath Raghunath Dalvi 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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