Dattatraya Shyamrao Kamble v. the President, Raje Sambhaji Shikshan and Krida Prasarak Mandal and Ors.

Bombay HC9 Apr 2025WP/10916/2016

Case brief

AI extract

What is this about?

Surplus Assistant Teachers; communication dated 14/09/2016; Education Officer (Secondary), Zilla Parishad, Solapur; Nizampur High School; Raje Sambhaji Shikshan and Krida Prasarak Mandal; serial nos. 92 and 82; interim stay dated 22/09/2016; continued service on sanctioned posts; regular salary; consequential repatriation orders; Writ Petitions Nos. 10916 and 10922 of 2016; decided 09/04/2025.

What did the court decide?

Declaration that the communication dated 14/09/2016 treating the Petitioners as surplus shall not apply to them; the Petitioners continue as Assistant Teachers at the Respondent No. 1-Institution on regular salary; the Education Officer (Secondary) to issue consequential orders of repatriation. Rule disposed of in the aforesaid terms with no order as to costs. ¶¶28

Dattatraya Shyamrao Kamble Vs the President, Raje Sambhaji Shikshan and Krida Prasarak Mandal and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners, shown at serial nos. 92 and 82 of the list accompanying the communication dated 14/09/2016 issued by the Education Officer (Secondary), Zilla Parishad, Solapur, could be treated as surplus Assistant Teachers.

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Court's answer

It is declared that the impugned communication dated 14/09/2016 by which the Petitioners were treated as surplus would not be applicable to the present Petitioners.

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Ratio / Principle

The Petitioners would continue to serve as Assistant Teachers at the Respondent No. 1-Institution and would continue to receive their regular salary.

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Key takeaways

The Education Officer (Secondary) is directed to issue consequential orders of repatriation of the Petitioners.ratio¶¶24

Detailed headnote1 paragraphs

Bombay High Court (A. S. Chandurkar & M. M. Sathaye, JJ.; oral judgment per Chandurkar, J.), decided 09.04.2025 - Two Assistant Teachers of Nizampur High School (run by Raje Sambhaji Shikshan and Krida Prasarak Mandal), shown at serial nos. 92 and 82 of the surplus list in the Education Officer (Secondary), Zilla Parishad, Solapur's communication dated 14/09/2016, had obtained an interim stay on 22/09/2016. At final hearing the Additional Government Pleader, on instructions, stated that the Petitioners were still working on sanctioned posts at the school and could not be treated as surplus (communication dated 07/04/2025 taken on record and marked 'A'). The Court accepted this stand and declared that the impugned communication would not apply to the Petitioners, who would continue as Assistant Teachers receiving regular salary; the Education Officer was directed to issue consequential orders of repatriation. Rule disposed of; no order as to costs.

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WP.10916.2016&WP.10922.2016-J.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10916 OF 2016

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Datt	atraya Shyamrao Kamble Versus	)	...Petitioner.
1.	The President,	)
	Raje Sambhaji Shikshan and	)
	Krida Prasarak Mandal, Nizampur	)
	Tal. Sangola, District: Solapur	)
2.	The Head Master,	)
	Nizampur High School, Nizampur Tal. Sangola, District: Solapur	) )
3.	The Education Officer (Secondary), Zilla Parishad, Solapur having office at Zilla Parishad Compound, Solapur	) ) )
4.	State of Maharashtra Through Secretary, School, Education and	) )
	Sports Department, Mantralaya Mumbai – 400032	) )
5.	Chandrakant Sida Shinde	)
	Age: Adult, Occ. Teacher,	)
	R/o. Vasud, Tal. Sangola, District: Solapur	)
6.	Meenakshi Sahebrao Patil	)
	Age: Adult, Occ. Teacher,	)
	R/o. Dattanagar, Tal. Sangola	)
	District: Solapur	)	...Respondents.
	WITH WRIT PETITION NO.10922 O	F 20	16
Mad	hukar Narayan Karande		...Petitioner.
	Versus
1.	The President,	)
	Raje Sambhaji Shikshan and	)
	Krida Prasarak Mandal, Nizampur	)

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WP.10916.2016&WP.10922.2016-J.doc

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	Tal. Sangola, District: Solapur	)
2.	The Head Master, Nizampur High School, Nizampur Tal. Sangola, District: Solapur	) ) )
3.	The Education Officer (Secondary), Zilla Parishad, Solapur having office at Zilla Parishad Compound, Solapur	) ) )
4.	State of Maharashtra Through Secretary, School, Education and Sports Department, Mantralaya Mumbai – 400032	) ) ) )
5.	Chandrakant Sida Shinde Age: Adult, Occ. Teacher,	) )
	R/o. Vasud, Tal. Sangola, District: Solapur	)
6.	Meenakshi Sahebrao Patil Age: Adult, Occ. Teacher,	) )
	R/o. Dattanagar, Tal. Sangola	)
	District: Solapur	)	...Respondents.

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****

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Mr. Prasad B. Kulkarni, Advocate for the Petitioners in both Petitions. Mr. N. C. Walimbe, Additional Government Pleader a/w. Mr. S. B. Kalel for the Respondent Nos. 3 & 4 in WP/10916/2016.

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Mrs. R. A. Salunkhe, Assistant Government Pleader for the Respondent Nos. 3 and 4 in WP/10922/2016

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Mr. Anant Vadgaonkar, Advocate for the Respondent Nos. 1 and 2

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CORAM : A. S. CHANDURKAR & M. M. SATHAYE, JJ.

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DATED : 09^th APRIL 2025

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ORAL JUDGMENT (Per A. S. CHANDURKAR, J):

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Rule. Rule made returnable forthwith. Heard finally by the consent of

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WP.10916.2016&WP.10922.2016-J.doc

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learned Counsel for the parties.

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In these Writ Petitions, a challenge is raised to the communication dated 14/09/2016 issued by the Education Officer (Secondary), Zilla Parishad, Solapur by which the services of various Assistant Teachers were declared as surplus. The present Petitioners are shown at serial nos. 92 and 82 of the said list respectively. While issuing the notice in the Writ Petitions, this Court on 22/09/2016 granted interim relief staying the effect and operation of the communication dated 14/09/2016 in so far as it is related to the Petitioners.

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Today the learned Additional Government Pleader on instructions from the concerned Education Officer (Secondary), submits that the Petitioners are still working as Assistant Teachers at the Respondent No. 1- Institution on sanctioned posts. He therefore submits that as of today the Petitioners cannot be treated to be surplus at the Respondent No. 1-School. He further submits that if the services of the Petitioners are continued at the same school, they would continue to receive their regular salary. The communication dated 07/04/2025 issued by the Education Officer (Secondary) Zilla Parishad, Solapur to that effect is taken on record and marked “A” for identification.

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In view of this stand of the Education Officer which is accepted, it is declared that the impugned communication dated 14/09/2016 by which the Petitioners were treated as surplus, would not be applicable to the present Petitioners. Needless to state that the Petitioners would continue to serve as Assistant Teachers at the Respondent No. 1-Institution and would also continue to receive their regular salary. The Education Officer (Secondary) to accordingly issue consequential orders of repatriation of the Petitioners.

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