Disposed

Hansa Shikshan Krida Vyayam Prasarak Mandal, Pimpalkhuta through President v. State of Maharashtra Thr. Secretary, Social Welfare Department, Mumbai and Others

Bombay HC17 Apr 2018WP/3547/2017

Case brief

AI extract

What is this about?

The Bombay High Court disposed of a writ petition challenging an order directing the petitioner school society to absorb government surplus employees. The court directed authorities to send available surplus employees for the Kamathi post and considered a proposal for filling the Cook post.

What did the court decide?

Direction against respondents to send surplus employee for Kamathi post if available; consider approval proposal for Cook post.

Hansa Shikshan Krida Vyayam Prasarak Mandal… — Service and Employment | Bombay HC (2018)

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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3547/2017

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(Hansa Shikshan Krida Vyayam Prasarak Mandal vs. The State of Maharashtra and others)

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.......................................................................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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Mr. N.S.Warulkar, Advocate for petitioner

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Mr. V.P Maldhure, Assistant Government Pleader for respondents 1 to 4 M. A.M.Gedam, Advocate for respondent no.5

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Mr. Chetan Funde, Advocate for Respondent no.6

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CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ. DATED : 17^th April, 2018.

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Heard.

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By this Writ Petition, the petitioner challenges the order dated 10.04.2017 passed by the respondent no.2 - the Director of Social Welfare, directing the petitioner to absorb the respondent nos.5 and 6 in the school run by the petitioner-Sanstha. The petitioner had sought permission of the respondents to fill up the vacant posts of Kamathi, Helper and Cook.

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It appears that the respondent no.5 has refused to join in the school of the petitioner-Sanstha as according to the respondent no.5 he cannot be declared as ‘surplus’ in the Ashram School where he is working. It would, therefore, be necessary for the respondents nos.2 to 4 to send any other surplus employee in place of respondent no.5 to the

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school of the petitioner. The respondent no.6 has already joined the duty in the School run by the petitioner on the post of Helper and,therefore, there would be no vacancy in the post of Helper.

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In view of the aforesaid, we dispose of the Writ Petition with the direction against the respondent nos.2 to 4 to send a surplus employee for working on the post of Kamathi in the school of the petitioner if available, for absorption on the post of Kamathi. Since it is stated that the respondent nos.1 to 4 had permitted the petitioner to fill the post of Cook during the pendency of the writ petition, the concerned respondents may consider the proposal submitted by the petitioner-society for grant of approval. We issue further direction against the respondent nos.2 to 4 to send an surplus employee to the petitionerschool for working on the post of Kamathi within a short time. Order accordingly. No costs.

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J UDGE JUDGE

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sahare

Hansa Shikshan Krida Vyayam Prasarak Mandal, Pimpalkhuta through President v. State of Maharashtra Thr. Secretary, Social Welfare Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Hansa Shikshan Krida Vyayam Prasarak Mandal, Pimpalkhuta through President v. State of Maharashtra Thr. Secretary, Social Welfare Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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