Dilip Fulchand Patil And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4076 OF 2022 1.

Dilip Phulchand Patil, Age: 35 years, Occu. Assistant Teacher, R/o. Z.P. School, Jektewadi, Tal. Paranda, Dist. Osmanabad.

2.

Rajnikant Shahaji Tupare, Age: 36 years, Occu.: Assistant Teacher, R/o. Z.P. School, Khandeshwarwadi, Tal. Paranda, Dist. Osmanabad.

3.

Gunwant Namdeo Chougule, Age: 37 years, Occu.: Assistant Teacher, R/o. Z.P. School, Hingangaon (Kh.), Tal. Pranda, Dist. Osmanabad ..Petitioners

VERSUS

1.

The State of Maharashtra, Through Secretary, Rural Development Department, Mantralaya, Mumbai.

2.

The Divisional Commissioner, Aurangabad Division, Aurangabad.

3.

The Chief Executive Officer, Zilla Parishad, Osmanabad.

4.

The Education Officer, Zilla Parishad, Osmanabad.

..Respondents ...

Mr. Balaji S. Shinde, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondents-State. Mr. Vinod M. Vibhute, Advocate for Respondent Nos.3 and 4.

...

CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

(2) DATED : 27th APRIL, 2022.

PER COURT:- 1.

Rule. Rule is made returnable forthwith.

2.

Mr. Karlekar, learned A.G.P. for respondent nos.1 and 2 waives notice. Mr. Vibhute, learned counsel for respondent nos.3 and 4 waives notice.

3.

By this petition filed under Article 226 of the Constitution of India, the petitioners seek an order and direction against respondent nos.3 and 4 to give posting to the petitioners as per Circular dated 28.06.2018 issued by respondent no.1 or in the alternative to consider the claims/representations of the petitioners annexed at Exhibit-C to the petition.

4.

The learned counsel for the petitioners now pressed only alternate prayer i.e. prayer Clause (C) that the claims/representations of the petitioners be decided by Zilla Parishad on or before 05.05.2022.

5.

The learned counsel for the Zilla Parishad states that, his client would decide those claims/representations on or before 05.05.2022. The statement is accepted.

6.

The order that would be passed on the claims/representations shall be conveyed to the petitioners within a period of three days from the date of such order.

(3) 7.

It is made clear that, this Court has not expressed any views on merits of the claims/representations submitted by the petitioners.

8.

All contentions of both the parties are kept open.

9.

Writ Petition is allowed in the aforesaid terms. Rule is made absolute. No Order as to costs.

10.

Parties to act on authenticated copy of this order.

(S. G. MEHARE) (R. D. DHANUKA) JUDGE JUDGE Devendra/April-2022