Nirmala Dhansham Kedari v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.797/2015 941 WRIT PETITION NO. 797 OF 2015 NIRMALA DHANSHAM KEDARI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Kakade Amol N . AGP for Respondent State:Mr.S.K.Kadam.

Mr. A.R.Kale, Adv., h/f Mr.Pandule A.Y., Adv., for R/5 ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: April 23, 2015 ...

PER COURT :- 1.

Heard submissions of Counsel appearing for the petitioner, respondent nos. 2 and 3 and learned A.G.P. for respondent State.

2.

It appears that the respondent Education Officer passed orders declaring the petitioner surplus without considering the fact that the total sanctioned staff is 7.5 as per the Staffing Pattern for the academic year 2013-2014 for respondent nos. 4 and 5 schools. Realizing the position that the sanctioned posts are 7.5 for the academic year 2013-2014, learned A.G.P. appearing for respondent State and the Education Officer, submits that the Education Officer, Secondary, Zilla Parishad, Ahmadnagar, will reconsider his decision declaring the petitioner as surplus on or before 15th May, 2015, after considering the representation filed by the petitioner and, if necessary by hearing the petitioner and respondent management.

AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.797/2015 3.

The petitioner and also the respondent management to appear before the Education Officer on 5th May, 2015. The Education Officer to pass necessary order after hearing the parties and consideration of the representation of the petitioner and keeping in view the fact that as per the Staffing Pattern for the academic year 2013-2014, 7.5 posts were admissible to respondent nos. 4 and 5 on or before 15th May, 2015, and communicate the said decision forthwith to the petitioner and respondents on the same date.

Liberty to the parties to place relevant documents before the Education Officer during the course of hearing. The petition stands disposed of with above directions. ( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

AGP/-