Manoj Arjunrao Mali v. The Chief Executive Officer And Another
2024:BHC-AUG:8651-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 923 WRIT PETITION NO. 3518 OF 2024 USHA KRISHANAJI MALI
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
924 WRIT PETITION NO. 3535 OF 2024 BHAGWAN NATHU PAGARE
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
925 WRIT PETITION NO. 3537 OF 2024 LAXMAN DHAKLU CHAVAN
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
926 WRIT PETITION NO. 3539 OF 2024 WALMIK PUNJU JADHAV
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
927 WRIT PETITION NO. 3558 OF 2024 YUVRAJ ISHWAR PARDESHI
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
928 WRIT PETITION NO. 3559 OF 2024 MANOJ ARJUNRAO MALI
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER
.....
929 WRIT PETITION NO. 3560 OF 2024 SUSHILA RAJARAM MAHAJAN
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
930 WRIT PETITION NO. 3561 OF 2024 SANTOSH RAMCHANDRA JADHAV
VERSUS
THE CHIEF EXECUTIVE OFFICER AND ANOTHER .....
Mr. D. S. Bagul, Advocate for the Petitioner Mr. V. V. Gujar, Advocate for Respondent Nos. 1 and 2. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.
DATE : 19th April, 2024 PER COURT :- 1.
We have heard this matter for more than an hour. We are convinced that our directions issued in order dated 21st April, 2023 more specifically, the clauses below paragraph No. 7, have not been understood by the CEO, Zilla Prishad, Jalgaon in good spirit and the impugned orders are apparently in defiance of the said directions. 2.
We were about to remand the matter with assigning reasons and with costs, because this is the 4th round of the Petitioners in this Court. However, the learned Advocate for the Respondent- Zilla Parishad Mr. Gujar sought a pass-over. When these matters were called out after
lunch, the learned Advocate for the Zilla Parishad submits on instructions that the impugned order dated 5th July, 2023 passed in all these matters, shall be recalled and the directions of this Court set out below paragraph No. 7 of the order dated 21st April, 2023 (supra), shall be followed. 3.
The learned Advocate for the Petitioner has tendered a compilation of 30 pages which includes the first judgment delivered by this Court in Vitthal Fakruji Madavi and others Vs. Zilla Parishad, Chandrapur and others, [2006 (2) Mh.L.J. 124]. This judgment was followed by the judgment dated 2nd December, 2010 in Writ Petition No. 4006 of 2010 (Maharashtra Rajya Prathmik Sikshak Samitee Branch Aurangabad Versus The State of Maharashtra and others). The compilation also contains one more judgment dated 19th October, 2010 delivered in Writ Petition No. 6276 of 2010 (Rajendra s/o Shriram Mule and others Versus The State of Maharashtra and others) and the order dated 6th August, 2012 passed at the Nagpur Bench in Writ Petition No. 1589 of 2012 (Akhil Gondia Zilla Prathmik Shikshak Sangh, Gondia Vs. Z.P. Gondia & another).
4.
The Petitioners have made a fourth round to this Court. On each occasion, this Court had a cause to set aside the order of the CEO and to issue instructions to the Zilla Parishad to decide the claims of these Petitioners. Despite of our last order dated 21st April, 2023, the
Zilla Parishad has apparently failed to comply with the directions. In these circumstances, the Petitioners prayed that cost of Rs.25,000/- in each Petition be imposed on the Zilla Parishad. The learned Advocate Mr. Gujar has urged the Court to pardon the Zilla Parishad on this occasion. He submits that a well reasoned order would be passed by the Zilla Parishad keeping in view the above referred judgments. 5.
In view of the above, all these Writ Petitions are disposed off since the impugned order has been recalled. Let the Zilla Parishad pass appropriate reasoned orders in the light of the above, on or before 30th June, 2024.
( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp