← Library
Bombay High CourtWP/14754/2017disposed offdismissed for default

Bhushankumar Satish Sonwane v. The Union Of India And Others

2018-07-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Sunil K. Kotwal3 pages

1 wp 15058.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15058 OF 2017 Mahendra Dharma Patil and others .. Petitioners

Versus

The Union of India and others .. Respondents Shri Ajay D. Pawar, Advocate for the Petitioners. Shri D. G. Nagode, Advoctae for Respondent No. 1. Shri S. G. Karlekar, A.G.P. for Respondent Nos. 2 to 6.

Shri C. T. Jadhav, Advocate for Respondent Nos. 7 to 9.

WITH WRIT PETITION NO. 14754 OF 2017 Bhushankumar Satish Sonwane .. Petitioners

Versus

The Union of India and others .. Respondents Shri Ajay D. Pawar, Advocate for the Petitioner. Shri D. G. Nagode, Advoctae for Respondent No. 1. Shri S. G. Karlekar, A.G.P. for Respondent Nos. 2 to 5.

Shri C. T. Jadhav, Advocate for Respondent No. 6.

CORAM

: S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE : 20 th July, 2018 PER COURT :

1.

Petitioners seek absorption as surplus teachers. Petitioners were appointed as special

2 wp 15058.17 teachers in respondent - schools. The Units where the petitioners are employed does not have any students. There is no work and as such learned counsel submits that the Division Bench of this Court at its Principal seat at Bombay has already considered the issue. The Division Bench of this Court at Aurangabad in Writ Petition No. 1030 of 2016 under order dated 25.8.2016 has considered this issue. The same is also reiterated at the Principal seat in Writ Petition No. 9585 of 2016. The petitioners seek similar benefit.

2.

Learned Assistant Government Pleader, upon going through the order passed by the Court, as referred to above, accepts that the petitioners are similarly situated. It is also not disputed that the services of the petitioners are duly approved.

3.

In the light of above, we follow the same course. The petitioners shall be absorbed in other

3 wp 15058.17 Schools and the orders to that effect shall be passed as expeditiously as possible, preferably within a period of two months. The petitioners shall be entitled for the arrears of salary for the period they have worked. The steps shall be taken to make the payment regarding arrears of salary, as expeditiously as possible, preferably within a period of four months.

4.

Writ Petitions are disposed of accordingly. No costs.

[SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe