Bagwan Tayarashagufta Iqbal v. The State Of Maharashtra , Through Secretary And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 482 OF 2018 Shri. More Shankar Bapu Petitioner.
... Respondents.
WRIT PETITION NO. 134 OF 2018 Shri. Ambi Sharad Shankar Petitioner.
... Respondents.
WRIT PETITION NO. 137 OF 2018 Shri. Patil Sayaji Nanaso Petitioner.
... Respondents.
WRIT PETITION NO. 139 OF 2018 Shri. Kalbhor Raju Gulabrao Petitioner.
... Respondents.
WRIT PETITION NO. 140 OF 2018 Shri. Koli Nandu Digamber Petitioner.
... Respondents.
WRIT PETITION NO. 141 OF 2018 Shri. Lokare Rajaram Agatrao Petitioner.
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... Respondents.
WRIT PETITION NO. 142 OF 2018 Shri. Teli Mahadev Mallappa Petitioner.
... Respondents.
WRIT PETITION NO.468 OF 2018 Shri. Kadam Santosh Tanaji ... Respondents WRIT PETITION NO.469 OF 2018 Shri. Vhanagade Vishwas Ananda WRIT PETITION NO.470 OF 2018 Shri. Kondubahiri Mahesh Janardhan WRIT PETITION NO.471 OF 2018 Shri. Lahire Sanjay Bhagwan WRIT PETITION NO.472 OF 2018 Smt. Ghadge Sunita Tanaji 2/12
... Respondents WRIT PETITION NO.473 OF 2018 Smt. Shinde Pratima Shankar ... Respondents WRIT PETITION NO.474 OF 2018 Shri. Sawant Ajit Bandu ... Petitioner ... Respondents WRIT PETITION NO.477 OF 2018 Shri. Masal Prakash Dadaso WRIT PETITION NO.478 OF 2018 Shri. Kale Sachin Tulsiram @ Tulsidas WRIT PETITION NO.479 OF 2018 Smt. Aphale Rajashree Tulsidas WRIT PETITION NO.480 OF 2018 Shri. Madane Santosh Dadasaheb 3/12
WRIT PETITION NO.483 OF 2018 Mrs. Bankhele Neeta Shantaram WRIT PETITION NO.484 OF 2018 Smt. Shinde Janabai Khandu WRIT PETITION NO.853 OF 2018 Shri. Vijay Janardhan Shendage WRIT PETITION NO.854 OF 2018 Shri. Sagar Pandurang Belapurkar WRIT PETITION NO.856 OF 2018 Shri. Dilip Namdeo Kate WRIT PETITION NO.857 OF 2018 Shri. Rajendra Manikarao Wagh 4/12
WRIT PETITION NO.859 OF 2018 Shri. Ashok Ramchandra Chavan WRIT PETITION NO.861 OF 2018 Smt. Manda Bapu Trimbak WRIT PETITION NO.862 OF 2018 Shri. Sangram Ramkrishna Gutal WRIT PETITION NO.863 OF 2018 Shri. Popat Dattu Shinde WRIT PETITION NO.865 OF 2018 Shri. Bagwan Tayarashagufta Iqbal WRIT PETITION NO.4290 OF 2018 Shri. Birudeo Bhajandas Kokare 5/12
WRIT PETITION NO.10927 OF 2018 Smt. Suvarna Pandurang More WRIT PETITION NO.10928 OF 2018 Smt. Shubhangi Kisan More WRIT PETITION NO.10929 OF 2018 Shri. Vijaykumar Vasantrao Pawar WRIT PETITION NO.10936 OF 2018 Shri. Jitendra Ramchandra Chaudhari WRIT PETITION NO.10938 OF 2018 Shri. Sachin Raghunath Patil WRIT PETITION NO.10940 OF 2018 Smt. Vandana Subrao Shivankar 6/12
WRIT PETITION NO.10942 OF 2018 Shri. Sanjivkumar Baburao Babar WRIT PETITION NO.13623 OF 2017 Shri. Sudhir Sarjerao Salunkhe WRIT PETITION NO.13624 OF 2017 Shri. Ashokumar Ganpatrao Kumbhar WRIT PETITION NO.13625 OF 2017 Smt. Swati Hanmant Bhilare WRIT PETITION NO.13626 OF 2017 Shri. Ravindra Shankar Desai WRIT PETITION NO.13628 OF 2017 Smt. Asha Rohidas Yele 7/12
WRIT PETITION NO. 138 OF 2018 Shri. Mhatre Vikas Bhivaba Petitioner.
... Respondents.
WRIT PETITION NO. 860 OF 2018 Shri. Patole Bharat Dhondiram Petitioner.
... Respondents.
WRIT PETITION NO. 858 OF 2018 Smt. Sandhya Gulabrao Gaikwad Petitioner.
... Respondents.
WRIT PETITION NO. 475 OF 2018 Mrs. Jayshree Babasaheb Shendage Petitioner.
... Respondents.
WRIT PETITION NO. 864 OF 2018 Smt. Rambha Sukhdeo Gangarde Petitioner.
... Respondents.
WRIT PETITION NO. 476 OF 2018 8/12
Shri Sabane Prakash Ravan Petitioner.
... Respondents.
WRIT PETITION NO. 1533 OF 2019 Shri. Dadaso Raygonda Sankanna ... Respondents WRIT PETITION NO. 13627 OF 2017 Smt. Ranaware Anita Hanmantrao ... Respondents Mr. N. V. Bandiwadekar, Advocate a/w. Mr. Vinayak Kumbhar, i/by Ashwini N. Bandiwadekar, Advocate for the Petitioners in all the Writ Petitions.
Mr. P. P. Kakade, Government Pleader a/w. Mr. S. B. Kalel & Dr. K. R. Kulkarni, AGPs for Respondent Nos.1 and 2 - State in all matters.
Mr. Milind Deshmukh for Respondent No. 3.
CORAM : R.M. BORDE & N.J. JAMADAR, JJ.
DATE : JULY 10, 2019.
PC :
Heard the learned counsel for the parties.
Some of the writ petitions i.e. writ petition nos. 138, 860, 858, 475,864, 476 of 2018 and writ petition no. 1533 of 2019 are not on board. Mentioned. Taken on Board.
The Petitioners in these writ petitions have been appointed as part time Shikshan Sevak in the 9/12
private institutions in observance of the procedure prescribed under the law. Some of the Petitioners have completed the tenure as part time teachers so as to make them eligible for appointment/absorption as full time Shikshan Sevaks and in case of certain employees, they have completed tenure of employment so as to make them eligible for their absorption as Assistant Teachers in the private institutions. The Petitioners contend that they are entitled to be accommodated either as full time Shikshan Sevaks or Assistant Teachers in the institutions where they are serving, in view of the policy prescribed by the Government contained in circular issued by the Education Department on 31st January, 2001 and the Government Resolution dated 10th June, 2005.
The Petitioners contend that in-spite of their approach to the private institutions, their grievances have not been ventilated and as such they have prayed for issuance of directions to the concerned Institution, the Education Officer or Deputy Director of Education to take steps so as to facilitate their accommodation in the private institutions as full time Shikshan Sevaks or Assistant Teachers.
accommodation/absorption of the Petitioners in the employment, as requested by them. The individual grievance of each of the Petitioners, based on distinct factual matrix, need not be gone into by this court in exercise of its extra-ordinary jurisdiction. However, individual claim of each of the Petitioners shall have to be scrutinized either by the concerned Education Officer or by the Deputy Director of Education.
In the circumstances, we dispose of all these writ petitions with liberty to the Petitioners to tender appropriate representations to the concerned Education Officer or Deputy Director of Education, specifying their grievances. The concerned Education Officer or Deputy Director of Education on receipt of the representations, shall, after extending opportunity of hearing to the concerned institutions and the petitioners shall issue necessary instructions or directions for facilitating absorption of the Petitioners in accordance with the policy prescribed by the State Government as expeditiously as possible, preferably within a period of four months from the date of receipt of the representation.
In the event the Petitioners are found eligible for absorption either as full time Shikshan Sevaks or 11/12
Assistant Teachers in the concerned private Institutions, the authority i.e. the Education Officer or Deputy Director of Education shall issue necessary directions to the employer / private institutions to submit appropriate proposal to the Education Officer / Deputy Director of Education for facilitating grant of approval and absorption of the Petitioners in employment.
With the directions, as above, the writ petitions shall stand disposed of.
(N.J. JAMADAR, J.) (R.M. BORDE,J.) .....
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