Naresh S/O Gopalrao Bagde v. State Of Maharashtra Through Its Secretary, Deptt. Of School Education And Sports, Mumbai And Other

288wp4776.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4776 of 2015 (Naresh s/o. Gopalrao Bagde .vs. State and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.Ambarish Joshi, A.G.P. for the Respondent Nos. 1 to 3.

CORAM

: SMT VASANTI A NAIK & M. G. GIRATKAR, JJ.

DATE : 28.8.2017.

None appeared for the petitioner on the previous date. None appears for the petitioner today also. By this Writ Petition, the petitioner has challenged the communication of the Management, dt.25.8.2014 terminating the services of the petitioner in pursuance of the directions of the Education Officer after the post on which the petitioner was working was declared as surplus.

We find that, in pursuance of the Right of Children to Free and Compulsory Education Act, 2009, certain Government Resolutions were issued and the staff justification for the year 2013-14 showed that one post of a teacher was reduced. Since the petitioner had not completed the tenure of three years as a Shikshan Sevak, in view of the Government Resolutions dated 13.12.2013 and 26.8.2015, the Management rightly terminated the services of the petitioner on the basis of the directions of the

288wp4776.15 2/2 Education Officer. Since the Government Resolutions, on the basis of which the petitioner was declared as surplus and his services were terminated, are upheld by this Court, it would be necessary to dismiss the Writ Petition. Hence, the Writ Petition is dismissed with no order as to costs.

JUDGE JUDGE *jaiswal