Dadade Khanderao Vithoba And ORS. v. The State Of Maharashtra Through The Secretary, School Education Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3037 OF 2015 DADADE KHANDERAO VITHOBA AND ORS.

WRIT PETITION NO.3038 OF 2015 PITHE HEMANT TUKARAM AND ORS.

WRIT PETITION NO.3039 OF 2015 KOLI SURESH PRALHAD AND ORS.

WRIT PETITION NO.3040 OF 2015 PAWAR VASANT DATTATRAYA AND ORS.

WRIT PETITION NO.3041 OF 2015 JOPLE SACHIN PANDURANG AND ORS.

WRIT PETITION NO.3042 OF 2015 NEHARE PUNDLIK POPAT AND ORS.

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WRIT PETITION NO.3043 OF 2015 PARDESHI RUPESH BHAGATSING AND ORS.

WRIT PETITION NO.3044 OF 2015 RAUT RAKESH DAULAT AND ORS.

WRIT PETITION NO.3045 OF 2015 CHANDAN ANIL SUBHASH AND ORS.

THROUGH THE SECRETARY .. RESPONDENT WRIT PETITION NO.3046 OF 2015 DALVI SAKHARAM DHAVLU AND ORS.

WRIT PETITION NO.3047 OF 2015 JADHAV SHARAD MOTIRAM AND ORS.

WRIT PETITION NO.3048 OF 2015 SAIYYAD ALTAF HARUN AND ORS.

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WRIT PETITION NO.3049 OF 2015 SANGLE SANDEEP BAJIRAO AND ORS.

WRIT PETITION NO.3050 OF 2015 BIDGAR DNYANESHWAR KEDU AND ORS.

WRIT PETITION NO.3051 OF 2015 SHELKE RAM SHIVAJI AND ORS.

WRIT PETITION NO.3052 OF 2015 PATEKAR CHANDRAKANT MADHAV AND ORS.

WRIT PETITION NO.3053 OF 2015 CHAVAN SHANTARAM JAGANNATH AND ORS.

WRIT PETITION NO.3054 OF 2015 SURYAVANSHI NITIN BALU AND ORS.

WRIT PETITION NO.3055 OF 2015 KAPSE ANIL AMBADAS AND ORS.

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WRIT PETITION NO.3056 OF 2015 JADHAV KISHOR ASHOK AND ORS.

WRIT PETITION NO.3057 OF 2015 MAHALE SANDEEP KHANDERAO AND ORS.

WRIT PETITION NO.3058 OF 2015 ANBHULE RAKESH DATTATRAY AND ORS.

WRIT PETITION NO.3059 OF 2015 BARDE SANTOSH SOMNATH AND ORS.

WRIT PETITION NO.3060 OF 2015 PHATANGADE SAWKAR SAKHARAM AND ORS.

WRIT PETITION NO.3061 OF 2015 POTINDE VIVEK GANPAT AND ORS.

.. PETITIONER WRIT PETITION NO.3062 OF 2015 PAWAR MILIND SURATSING AND ORS.

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WRIT PETITION NO.3063 OF 2015 SURYAVANSHI DEEPAK DHANRAM AND ORS.

WRIT PETITION NO.3064 OF 2015 PURE SAURABH SHAM AND ORS.

WRIT PETITION NO.3065 OF 2015 PARDHE BHAUSAHEB EKNATH AND ORS.

WRIT PETITION NO.3066 OF 2015 GAIKWAD MUKUND VITHAL AND ORS.

WRIT PETITION NO.3067 OF 2015 SONAWANE DEELIP MOTIRAM AND ORS.

WRIT PETITION NO.3068 OF 2015 AVHAD TANAJI KISAN AND ORS.

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WRIT PETITION NO.3069 OF 2015 BHAVAR KHUSHAL SUBHASH AND ORS.

WRIT PETITION NO.3070 OF 2015 MALI RAJENDRA NIVRUTTI AND ORS.

WRIT PETITION NO.3071 OF 2015 PAWAR VILAS KARBHARI AND ORS.

WRIT PETITION NO.3072 OF 2015 DAGLE VALU JAGANNATH AND ORS.

Mr.Narendra Bandiwadekar for petitioner in all petitions. Ms.S.S.Bhende, AGP for respondent in all petitions. CORAM : ANOOP V. MOHTA, K.R. SHRIRAM, JJ.

DATED : 13TH APRIL, 2015 P.C.

Rule made returnable forthwith.

Heard finally by consent of the parties.

In all the above petitions, as common issue is involved and the respondents are also common, we are inclined to dispose of the above petitions by this common order.

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Petitioner no.1 in all the petitions are Peons/Shikshan Sevaks/Teachers/Assistant Teachers/Clerks working in petitioner no.2school and petitioner no.3 is the management of the school. The proposals in question made by the respective petitioners are pending since 30th December 2011. The counsel for the petitioners makes a statement that all these are aided schools and the posts are sanctioned posts and the respective permissions were granted to fill up these posts. This Court in similarly situated matters in Writ Petition No.2776 of 2015 vide its order and judgment dated 24th March 2015 considered the similar issue and directed the respondents to decide the application as early as possible for approval so filed by the Petitioner/s in accordance with law, and preferably within eight weeks from communication of the order.

We are, therefore, inclined to dispose of these petitions for the same reasons. We are inclined to dispose of all these Writ Petitions, as the grievances so raised, can be considered by respondent no.2-the Education Officer by deciding the application for approval of the appointment of respective petitioner no.1, who is/are working as Shikshan Sevak/Teacher/Assistant Teacher/Junior Clerk with petitioner no.2-respective School/Institute.

are required to be decided in accordance with law, as pending since long. We are inclined to observe that in all these matters the respondent no.2- Education Officer, Zilla Parishad, Nashik ought to have taken decision within a reasonable time from the date of application so filed by the petitioners and/or similarly situated petitioners. No reason whatsoever is being reflected for such delay and/or latches. Such inaction ultimately leads to filing of these petitions which are large in numbers. This inaction of respondent no.2, therefore, causes great injustice and great hardship to all concerned apart from multiplicity of litigations of this nature. Such proceedings have to be decided based upon the requirements and requisite sanction/permission at the relevant time. We are, therefore, inclined to observe further that the State Government must take some policy decision and/or issue appropriate circular or directions so that such proposals can be disposed of as early as possible within a reasonable time to save public money and time apart from Court's time.

Resultantly, the following order :- i) Respondent No.2 is directed to decide the Applications for approval so filed by the Petitioner/s, in accordance with law, as early as possible, preferably within ten weeks from 8/9

today.

All the petitions are disposed of with liberty. Rule in all the Petitions disposed of, accordingly. No costs. The parties to act on an authenticated copy of this order. (K.R. SHRIRAM, J.) (ANOOP V. MOHTA, J.) 9/9