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Bombay High CourtWP/136/2025disposed off

Pradip Maroti Diwase And Others v. State Of Maharashtra, Thr. Secretary, Dept. Of Education And Sports, Mumbai And ORS.

2026-03-11Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande4 pages

2026:BHC-NAG:4222-DB WP136.2025.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 136/2025 1) Pradip Maroti Diwase.

Aged- 40 Years, Occu- Service.

2) Sandip Gajanan Masirkar.

Aged- 40 Years, Occu- Service.

3) Ajay Sudhakar Kasawate.

Aged- 48 Years, Occu- Service.

4) Vinayak Natthuji There.

Aged- 47 Years, Occu- Service.

5) Surendra Pundlik Bhongle.

Aged- 43 Years, Occu- Service.

6) Vijay Bhagwan Gohokar.

Aged- 53 Years, Occu- Service.

All the Petitioners are R/O. C/O. Pradip Maroti Diwase, At Post Tadali (Railway), Tah- DistChandrapur. ... PETITIONERS ...VERSUS...

1) State of Maharashtra, through its Secretary, Department of Education and Sports, Mantralaya, Mumbai-32.

2) The Education Officer (Sec.), Zilla Parishad, Chandrapur.

WP136.2025.odt 2/4 3) Chanda Shikshan Prasarak Mandal, Civil Lines, Chandrapur, through its Secretary, Shri. Ashok Jivtode.

4) Janata Vidyalaya, Dhaba, Tah- Gondpipari, Dist- Chandrapur, through its Headmaster.

5) Janata Vidyalaya, Wani, Tah- Wani, Dist- Yeotmal, through its Headmaster.

6) Janata Vidyalaya, Pombhurna, Tah- Pombhuran, Dist- Chandrapur, through its Headmaster.

7) Janata Vidyalaya, City Branch, Ballarpur, Tah- Ballarpur, DistChandrapur, through its Headmaster. 8) Janata Vidyalaya, Ghuggus, Tah- Dist- Chandrapur, through its Headmaster.

9) Janata Vidyalaya, Tadali, Tah- Dist- Chandrapur, through its Headmaster.

...RESPONDENTS --------------------------------------------------------------------------------------------- Mr. P. N. Shende, Advocate for the petitioners Ms. H. N. Jaipurkar, AGP for the respondent/State Mr. A. G. Moharir, counsel for the respondent nos. 3 to 9 --------------------------------------------------------------------------------------------- CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED : 11 th MARCH, 2026.

WP136.2025.odt 3/4 ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, J.) 1.

Leave to correct the prayer clause (A). Amendment be carried out forthwith.

2.

Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 3.

The petition prays for setting aside the communication dated 30.12.2024 issued by the respondent no. 2 - Education Officer (Secondary), Zilla Parishad, Chandrapur, it further prays for a direction to the said respondent to delete the names of the petitioners from the list of surplus employees and to continue their services in the respondent nos. 4 to 9 schools, till their retirement, by granting them the protection of pay scales. 4.

Today learned AGP tenders across the Bench a copy of communication dated 04.02.2026 issued by the said respondent stating that the names of the petitioners have been deleted from the list of surplus employees. The said communication is taken on record and marked as Exhibit- X for perusal.

WP136.2025.odt 4/4 5.

As far as the contention of the learned counsel for the petitioners regarding they being continued in their service by virtue of the Government Resolution dated 28.01.2019 and more particularly Clause 3 thereof, we direct the respondent no. 2 to consider the individual claims of the petitioners in accordance with law and to pass an order thereon. The petitioners to appear before the respondents on 17.03.2026.

6.

Rule is made absolute in the aforesaid terms, and the writ petition is disposed of.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)