Vitthal Bhagwal Jadhav And Others v. The State Of Maharashtra And Others
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.1984 OF 2018 Dilip s/o Baliram Hinge, age: 37 years, Occ: Teacher, R/o Near Venkatesh Public School, Aditya Nagari, Beed, Tal. & District Beed.
Petitioner
Versus
Maharashtra State, Pune.
05 Jay Santoshi Mata Sevabhavi Sanstha, Beed, Tal. & District Beed, WITH WRIT PETITION NO.2179 OF 2018 01 Vitthal s/o Bhagwan Jadhav, age: 40 years, Occ: service as Teacher, Muk Badhir Niwasi Vidyalaya, Majalgaon, Tal.Majalgaon, District Beed, R/o Majalgaon, Tq.Majalgaon, District Beed.
02 Vitthal s/o Laxsmanrao Khandgave, age: 39 years, Occ: & R/o
{2} as above.
03 Ashok s/o Mahaling Thalpati, age: 39 years, Occ: & R/o as above.
04 Sunil s/o Raghunath Pawar, age: 34 years, Occ: & R/o as above.
05 Santosh s/o Shrirang Sutar, age: 38 years, Occ: & R/o as above.
Petitioners
Versus
Maharashtra State, Pune.
05 Janartha Shikshan Prasarak Mandal, Yellamb Ghat, Tal.Kaij, District Beed, WITH WRIT PETITION NO.2180 OF 2018 Sohan s/o Bhalchandra Mulate, age: 28 years, Occ: Teacher, R/o Jujgar Galli, Majalgaon, Tal. Majalgaon, District Beed.
Petitioner
Versus
{3} Maharashtra State, Apune.
05 Kai. Bhaiyyasaheb Deshmukh Asthivyanga niwasi Vidyalaya, Manur, Majalgaon, Tal. Majalgaon, District Beed, Mr.S.S.Thombre, advocate for the petitioner.
Mr.S.S.Dande, A.G.P. for Respondents No.1 & 2. Mr.K.B.Jadhavar, advocate for Respondents No.3 & 4. CORAM : R.M.BORDE AND K.K.SONAWANE, JJ.
DATE : 23rd February, 2018.
ORAL JUDGMENT (Per R.M.Borde, J.) :
On the request of learned Counsel for petitioners, leave to delete respondent no.5.
Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties The petitioners are objecting to the communication issued by the Education Officer directing the respective
{4} Managements to terminate their services. The direction has been issued in pursuance to the communication issued by the Director of Handicaps/Disabled to the Chief Executive Officer, Zilla Parishad, Beed.
The petitioners have been appointed as Special Teachers in private institutions and their services have been approved by the District Social Welfare Officer, Zilla Parishad, Beed. Since, the appointment orders have been issued by the District Social Welfare Officer, the Chief Executive Officer of the Zilla Parishad does not have jurisdiction vested in him to direct the Management to terminate services of the petitioners. The approval accorded to the appointment of petitioners is still in force and same has not been recalled by the District Social Welfare Officer. It was unnecessary for the Chief Executive Officer, Zilla Parishad, to exercise jurisdiction in the matter and issue such directions to the concerned Institutions.
The issue raised in the instant petitions is covered by the decision rendered by Division Bench of this Court in Writ Petition No.4618 of 2017 on 18.12.2017 and in companion matters. For the reasons recorded in the aforesaid judgment, these petitions also deserve to be allowed and same are accordingly allowed. The communication issued by the Education Officer to the concerned Management directing the Management to terminate services of the petitioners, is quashed and set aside. In the event, the authorities propose to take any action, same shall not be taken without extending opportunity of haring to the petitioners.
{5} Petitioners are entitled to receive salary, if remained unpaid and same shall be disbursed to them expeditiously. Rule is accordingly made absolute. There shall be no order as to costs.
K.K.SONAWANE R.M.BORDE JUDGE JUDGE adb/wp198418`1