Jagdish S/O Ramdas Nagre v. Education Officer (Secondary), Zilla Parishad, Wardha And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 209/2015.

Jagdish Ramdas Nagre -VERSUSEducation Officer (Secondary), Zilla Parishad, Wardha and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : MARCH 23, 2016.

Heard Shri N.D. Khamborkar, learned Counsel for the petitioner and Shri B.M. Lonare, learned A.G.P. for respondent no.1.

2.

Petitioner, though within sanctioned strength when he joined the employment was rendered surplus in next academic year.

3.

Effort of learned counsel for petitioner is to urge that the norms on the basis of which staff justification for the academic year 2013-14 has been undertaken, has been withdrawn. He further states that staff determination is being undertaken afresh.

4.

He also points out that in the meanwhile petitioner has completed three years of service as Shikshan Sevak.

5.

Learned A.G.P. appearing on behalf of respondent no.1 points out reply affidavit. According to him in 2013-14 itself management ought to have discontinued the petitioner.

6.

It is not in dispute that the provisions regarding absorption of surplus employees are not applicable, if the teacher is not permanent. However, the contention of learned counsel for the petitioner noted supra, show an effort to bring on record some subsequent events.

7.

Change in norms or withdrawal of staff justification is not demonstrated by producing any material on record.

8.

In this situation, we are not inclined to interfere in writ jurisdiction. However, we grant petitioner liberty to point out these facts to respondent no.1 by making suitable representation within a period of four weeks from today. If such representation is made, the same shall be looked into in accordance with law, within a period of next four weeks by the

respondent no.1.

9.

With this direction and liberty, we dispose of the Writ Petition. No costs.

10.

At this stage, it has come to notice of this Court that the Registry has not pointed out that the Government has not supplied second set of the reply. Registrar (Judicial) to verify and report.

JUDGE JUDGE Rgd.