Jayshree W/O Ravindra Walwatkar And Another v. The Education Officer (Secondary) Zilla Parishad Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2392 OF 2016 Sahebrao s/o Bapuraoji Nagpurkar and another -vsThe Education Officer (Secondary), Zilla Parishad, Nagpur and another WRIT PETITION NO. 2393 OF 2016 Smt.Jayashree w/o Ravindra Walwatkar (Jayashree D/o Shankarrao Deulkar) and another -vsThe Education Officer (Secondary), Zilla Parishad, Nagpur and another WRIT PETITION NO. 2318 OF 2016 Ku. Kalpana d/o Natthugiri Goswami -vsState of Maharashtra, through its Secretary, Department of Education and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. P.D. Meghe, counsel for the petitioners in W.P. Nos.2392 & 2393 of 2016. Mr. P.N.Shende, counsel for the petitioner in W.P. No.2318 of 2016. Mr. S.M.Ghodeswar, AGP for the respondents in W.P. Nos.2392 & 2318 of 2016. Mr. A.M.Balpande, AGP for the respondents in W.P. No.2393 of 2016. CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 30.06.2016.

Since the issue involved in these writ petitions is identical, they are heard together and are decided by this common order. By these writ petitions, the petitioners seek a direction against the respondent No.1-Education Officer (Secondary), Zilla Parishad, Nagpur to include the names of the petitioners in the list of employees and absorb them in any other school as per the provisions of Rule 25A (2) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The learned counsel for the parties state that the issue involved in these writ petitions was also involved in Writ Petition No.5376 of 2015 (Sunanda w/o Sadanand Chahande (Erstwhile

2/2 wps2392.16+2 Sunanda D/o Namdeo Kale) and another Vs. The Education Officer (Secondary), Zilla Parishad, Nagpur and others) and this Court had, on the de-recognition of the same school in which the petitioners were working, directed the Education Officer to include the names of the petitioners therein in the list of employees for the purposes of absorbing their services in accordance with Rule 25A (2) of the Rules of 1981. The learned counsel for the parties state that a similar order may be passed, on parity.

Hence, for the reasons recorded in the judgment, dated 01/03/2016 in Writ Petition No.5376 of 2015, we partly allow the writ petitions. The respondents-Education Officers are directed to include the names of the petitioners in the waiting list of employees for the purpose of absorbing their services in accordance with Rule 25A (2) of the Rules. The names of the petitioners be included in the list within a period of six weeks.

Order accordingly. No costs.

Steno copy of the order is granted.

JUDGE JUDGE KHUNTE