Ganesh Rama Nawale v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4869 OF 2015 Ganesh Rama Nawale WRIT PETITION NO. 4870 OF 2015 Keshav S/o Raghunathrao Badade WRIT PETITION NO. 4871 OF 2015 Pandurang S/o Namdeo Sirsat WRIT PETITION NO. 4872 OF 2015 Balasaheb Shripatrao Bachate WRIT PETITION NO. 4873 OF 2015 Dnyanoba S/o Balasaheb Munde

2 wp 4869.15 WRIT PETITION NO. 4874 OF 2015 Balasaheb s/o Ramdas Mane WRIT PETITION NO. 4875 OF 2015 Babanrao S/o Bajirao Kale Shri V. P. Latange, Advocate for Petitioners in all these matters. Shri K. G. Patil, Addl.G.P. for Respondent No. 1 and 2 in all these matters Shri S. S. Dambe, Advocate for Respondent No. 3 to 5 in all these matters.

WRIT PETITION NO. 5727 OF 2015 Arun Gopinath Pawar and others .. Petitioners WRIT PETITION NO. 5732 OF 2015 Sushila Haribhau Pawar WRIT PETITION NO. 6496 OF 2015

3 wp 4869.15 Shahaji Bhaurao Keskar and others .. Petitioners WRIT PETITION NO. 6965 OF 2015 Aruna Digambar Nipate Shri Madan S. Kokate, Advocate for Petitioners in all these matters.

Shri K. G. Patil, Addl.G.P. for Respondent No. 1 and 2 in all these matters Shri S. S. Dambe, Advocate for Respondent No. 3 and 4 in all these matters.

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 13TH JULY, 2015.

PER COURT :

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In these matters, the petitioners are assailing the communication dated 23.04.2015 issued by the Desk Officer, School Education and Sports Department and more particularly clause No. 2, which states that, the appointments of Vasti Shala Teachers made on Beed Zilla Parishad shall be cancelled. 2.

We have heard Mr. Latange and Mr. Kokate, the learned counsel for petitioners.

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We have also heard the learned Additional Government Pleader for respondent Nos. 1 and 2.

4.

It is submitted by the learned Additional Government Pleader on instructions that, the action would be taken only after issuance of show cause notice to the each individual. They will get the reply and then action would be taken. 5.

The principles of natural justice also warrant that when an action which has got civil consequences is undertaken, the principles of natural justice are required to be adhered. 6.

The petitioners here were working as Vasti Shala Teachers. According to the petitioners, Vasti Shala were converted into regular schools and these teachers who were earlier working as Vasti Shala teachers are now working as Assistant Teachers in the said schools. According to the learned counsel, they are all eligible to be appointed as Assistant Teachers and no illegality is committed.

7.

The communication dated 23rd April, 2015 is issued by the Desk Officer of the School Education and Sports Department to the Chief Executive Officer, Zilla Parishad, Beed. Naturally, when an action is sought to be taken, the petitioners will have to be heard.

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In the light of that, we pass the following order. 9.

If the respondents intend to take any action against the petitioners, then, the respondents shall first issue show cause notice to each petitioner detailing the grounds on which the action is sought to be taken. Reasonable time shall be given to the petitioners to file their reply to the said show cause notice and after hearing the petitioners then only further course of action shall be taken. With these observations and directions, writ petitions stand disposed of. No costs.

[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/July 15