Ajay Dushyantrao Solanke And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2746 OF 2018 1.

Ajay s/o Dushyantrao Solanke age 28 years, occ. service as teacher Muk-Badhir Niwasi Vidyalaya Umari, Tq. Kaij, Dist. Beed r/o Gangamasla, Tq. Majalgaon Dist. Beed.

Ankush s/o Vaijnath Solunke age 35 years, occ. service as peon Muk-Badhir Niwasi Vidyalaya Umari, Tq. Kaij Dist. Beed r/o Kannapur Tq. Kaij Dist. Beed.

Respondents Mr. V.A. Bagal, advocate for petitioners.

Mr. P.K. Lakhotiya, AGP for respondents 1 and 2. Mr. V.M. Chate, Standing Counsel for respondents 3 and 4.

{2} WITH WRIT PETITION NO. 2747 OF 2018 Manoj s/o PUrushottam Wagh age 33 years, occ. service as teacher Muk-Badhir Niwasi Vidyalaya Beed Road, Opp. Shikshak Colony Kaij, Tq. Kaij, Dist. Beed Parasram s/o Vikram Sirsath age 32 years, occ. service as teacher Muk-Badhir Niwasi Vidyalaya Beed Road, Opp. Shikshak Colony Kaij, Tq. Kaij Dist. Beed.

Mr. S.B. Solanke, advocate for petitioners.

Mr. P.K. Lakhotiya, AGP for respondents 1 and 2. Mr. V.M. Chate, Standing Counsel for respondents 3 and 4. WITH WRIT PETITION NO. 2748 OF 2018

{3} Ashok s/o Achyutrao Sonwane age 39 years, occ. service as peon Matimand Niwasi Vidyalaya Kaij, Tq. Kaij, Dist. Beed\ Narayan s/o Maroti Khandare age 48 years, occ. service as Superintendent, Matimand Niwasi Vidyalaya, Kaij, Tq. Kaij Dist. Beed.

Shivhari s/o Gulab Satkar age 31 years, occ. service as cook Matimand Niwasi Vidyalaya Kaij, Tq. Kaij, Dist. Beed Vijay s/o Laxman Gagare age 38 years, occ. service as Headmaster, Matimand Niwasi Vidyalaya Kaij, Tq. Kaij, Dist. Beed Mr. S.B. Solanke, advocate for petitioners.

{4} Mr. S.Y. Mahajan, A.G.P. for respondents 1 and 2. Mr. B.T. Bodke, advocate for respondents 3 and 4. CORAM : R.M.BORDE & K.K. SONAWANE, JJ.

DATE : 14th MARCH, 2018 ORAL JUDGMENT : ( PER R. M. BORDE, J. ) 1.

Heard.

Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the respective parties. Issue raised in the instant petitions is no more res integra and is covered by decision rendered by this Court in Writ Petition no. 4618/2017 and other companion matters decided on 18th December, 2017 as well as Writ Petition No. 1984/2018 and other companion matters decided by this Bench on 23rd February, 2018. Zilla Parishad has no serious issue as regards the proposition laid down in the aforesaid judgments.

The facts giving rise to the instant petitions are exactly similar to the facts in the decided matters. In this view of the matter, for the reasons recorded in aforesaid judgments, instant petitions deserve to be allowed and are accordingly allowed. Communication issued by the Chief Executive Officer, Zilla Parishad to the respective management is quashed and set aside. In the event the authorities propose to take any action, the same shall not be taken except after extending an opportunity of hearing to petitioners and in observance of procedure prescribed in that

{5} behalf. Petitioners are entitled to receive salary, if remained unpaid, and the same shall be disbursed to them expeditiously. 6.

Rule is accordingly made absolute. No costs. K. K. SONAWANE R.M.BORDE JUDGE JUDGE dyb