Maharashtra Rajya Prathamik Shikshak Sangh v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7503 OF 2013 MAHARASHTRA RAJYA PRATHAMIK SHIKSHAK SANGH

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioner : Mr. Sontakke Sandeep B Advocate for Respondent No.1 : Mr. S.B. Deshpande AGP for Respondents 2 and 3: Mr. K.M. Suryawanshi .....

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

DATED : 2nd JULY, 2015 P.C. :- 1.

We have heard the learned counsel for the petitioner. According to the learned counsel, clause 7 and Schedule C of the Government Resolution dated 22.11.1995 is illegal. Learned counsel submits that the said teachers cannot be asked to do work as is laid down in clause 7 of the Government Resolution of 1995. 2.

Mr. Suryawanshi, the learned A.G.P. submits that now the Government Resolution dated 16.5.2002 is governing the field and not Government Resolution dated 22.11.1995. Learned A.G.P. also submits that the implementation agency has also been changed. The teachers are not included in the said policy.

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As it is submitted by the learned A.G.P. that now Government Resolution dated 16.5.2002 holds the field and not Government Resolution of 1995 and also the fact that the State has filed S.L.P. for inclusion of teachers and the same is pending, we dispose of the present writ petition. The petitioner is at liberty to file fresh petition in case the petitioner finds that policy of the State is improper and also depending upon the judgment delivered by the Apex Court in the pending S.L.P.

( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/