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Bombay High CourtWP/3276/2017disposedoff

Gajanan S/O Bisanji Viadya v. The Deputy Director Of Education, Nagpur Division, Nagpur And Others

2019-11-06Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Milind N. Jadhav2 pages

0611wp3276.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3276/2017 Gajanan s/o Bisanji Vaidya ...Versus...

The Deputy Director of Education, Nagpur Division, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri P.V. Thakre, Counsel for petitioner Ms Ritu Kalia, AGP for respondent nos.1 and 2 CORAM : R. K. DESHPANDE AND MILIND N. JADHAV, JJ.

DATE : 06/11/2019 1.

The petitioner was a permanent employee working as a peon in the school recognized and governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder. Upon declaration as surplus, he is required to be absorbed in the employment of some other school. Undisputedly, the school where the petitioner was working has been de-recognized and the entitlement of the petitioner for absorption is not disputed.

2.

In view of the stand taken in paragraph no.6 of the affidavit dated 16/08/2019 of the respondent no.2, we direct

0611wp3276.17.odt the respondents to include the name of the petitioner in the list of surplus staff required to be absorbed, maintained by the Education Department and to pay the petitioner his regular salary without work till he is absorbed in some other school.

3.

We, therefore, direct the respondents to take appropriate steps and release the salary of the petitioner within a period of four weeks from today.

The writ petition stands disposed of accordingly. No order as to costs.

(Milind N. Jadhav, J.) (R.K. Deshpande, J.) Wadkar, P.S.