Bahujan-Hitay Jagat Education Society, Gondia Thr.President Jagatbhau Sonuji Rahangadale And Others v. The State Of Maharashtra, Through Its Secretary, School Education And Sports Dept. Mumbai And Other

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4153/2018.

Bahujan Hitay Jagat Education Society, Gondia and others. -VERSUSThe State of Maharashtra and others.

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 & M. G. GIRATKAR, JJ.

DATE : OCTOBER 03, 2018.

Heard Shri A.Z. Jibhkate, learned counsel for petitioners and Shri S.P. Deshpande, learned Addl.G.P. for respondent nos. 1 to 4.

2.

Learned counsel for petitioners has restricted request in petition only to fill in posts of Senior and Junior Clerks. He points out that teachers are required to work on that post, and therefore, education of students is adversely affected.

3.

Learned Addl.G.P. submits that in view of the policy decision taken by the government, posts cannot be allowed to be filled in.

4.

We find that work load available for senior or junior clerks in the establishment of petitioner is not in dispute. Respondents have not done anything to abolish that workload. If the workload exists, respondents cannot stop petitioners from recruiting the persons against that workload.

5.

From arguments advanced by learned Addl. G.P. it appears that because of policy decision which may be operating to the prejudice of several managements, recruitment is not permitted.

6.

We in this matter instead of observing anything on that policy decision, direct respondents to provide surplus non teaching staff, if available, within a period of three weeks or then to find out how existing workload can be addressed to by petitioners. 7.

We grant petitioner leave to approach again if within 8 weeks they do not receive necessary staff or response.

8.

This Court may in that event also consider a direction to State Government to pay additional amount to teaching staff for working on the post of junior or senior clerks.

9.

With these directions, we dispose of the Writ Petition. No costs.

JUDGE JUDGE Rgd.