(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2254 OF 2010 WITH WRIT PETITION NO. 4447 OF 2010 WITH WRIT PETITION NO. 4449 OF 2010 WRIT PETITION NO. 2254 OF 2010 Shri Mathaji s/o. Mukunda Kakade, Age : 30 years, Occupation : Nil, R/o. at Wangi (Bk.), Taluka : Sillod, District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, Education Department, Mantralaya, Mumbai-32. 2. The State Project Director, Maharashtra Primary Education Parishad, Mumbai. 3. The Chief Executive Officer, Zilla Parishad, Aurangabad. 4. The Education Officer, Zilla Parishad, Aurangabad. .. Respondents. (2) ....................... Mr. D.B. Pawar Pathrekar, Advocate, for the petitioner. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 and 2. Mr. U.B. Bondar, Advocate, for respondent nos.3 and 4. ........................ WRIT PETITION NO. 4447 OF 2010 1. Shrirang s/o. Sudamrao Survase, Age : 43 years, Occupation : Nil, R/o. Revalgaon, Post : Usmanpur, Taluka : Partur, District : Jalna. 2. Ganesh s/o. Rajaram Phukat, Age : 32 years, Occupation : Nil, R/o. Aradkheda, Taluka : Jafrabad, District : Jalna. 3. Smt. Nayna d/o. Vinayakrao Landge, Age : 27 years, Occupation : Nil, R/o. Antarwala, Taluka & District : Jalna. (3) 4. Bhagwat s/o. Laxman Sawant, Age : 25 years, Occupation : Nil, R/o. Sindkhed, Post : Chincholi, Taluka : Ghansavangi, District : Jalna. 5. Aansiram s/o. Sahebrao Kolhe, Age : 41 years, Occupation : Nil, R/o. Gurupimpri, Taluka : Ghansavangi, District : Jalna. 6. Baban s/o. Mohan Rathod, Age : 40 years, Occupation : Nil, R/o. Murma (Kh.), Post : Tirthpuri, Taluka : Ghansavangi, District : Jalna. .. Petitioners. versus 1. The State of Maharashtra, Through the Secretary, Department of Education, Mantralaya, Mumbai-32. 2. The State Project Director, Maharashtra Primary Education Parishad, Mumbai. 3. The Chief Executive Officer, Zilla Parishad, Jalna. 4. The Education Officer (Primary), Zilla Parishad, Jalna. .. Respondents. (4) .......................... Mr. D.B. Pawar-Pathrekar, Advocate, for the petitioners. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 and 2. Mr. Ajay S. Deshpande, Advocate, for respondent nos.3 and 4. ........................... WRIT PETITION NO. 4449 OF 2010 1. Pankaj s/o. Shamrao Wagh, Age : 31 years, Occupation : Nil, R/o. At Khullod, Post : Undangaon, Taluka : Sillod, District : Aurangabad. 2. Kishor s/o. Ramrao Sawale, Age : 29 years, Occupation : Nil, R/o. Mohol, Post : Hatti, Taluka : Sillod, District : Aurangabad. 3. Laxman s/o. Dashrath Thorat, Age : 27 years, Occupation : Nil, R/o. Chandapur, Taluka : Sillod, District : Aurangabad. (5) 4. Bapurao s/o. Sahebrao Shinde, Age : 33 years, Occupation : Nil, R/o. Kelgaon, Taluka : Sillod, District : Aurangabad. 5. Radhabai Dadarao Tayade, Age : 27 years, Occupation : Nil, R/o. Dhawada, Post : Amthana, Taluka : Sillod, District : Aurangabad. 6. Mahadeo s/o. Keshavrao Daund, Age : 28 years, Occupation : Nil, R/o. Parundi, Taluka : Paithan, District : Aurangabad. 7. Anil s/o. Bhika Shrikhande, Age : 28 years, Occupation : Nil, R/o. Shirodi (Kh.), Taluka : Phulambri, District : Aurangabad. 8. Trimbak s/o. Deorao Khambat, Age : 27 years, Occupation : Nil, R/o. Chimnapur, Taluka : Kannad, District : Aurangabad. 9. Sopan s/o. Dadarao Kolte, Age : 27 years, Occupation : Nil, R/o. Bhavdi, Post : Vadodbazar, Taluka : Phulambri, District : Aurangabad. (6) 10. Dadasaheb s/o. Bhagchand Gavande, Age : 31 years, Occupation : Nil, R/o. Mangegaon, Post : Savkheda, Taluka : Gangapur, District : Aurangabad. 11. Chandramani s/o. Vithal Shejul, Age : 27 years, Occupation : Nil, R/o. Kelgaon, Taluka : Sillod, District : Aurangabad. 12. Kiran s/o. Prabhakar Shelke, Age : 34 years, Occupation : Nil, R/o. Bharadi, Taluka : Sillod, District : Aurangabad. .. Petitioners. versus 1. The State of Maharashtra, Through the Secretary, Department of Education, Mantralaya, Mumbai-32. 2. The State Project Director, Maharashtra Primary Education Parishad, Mumbai. 3. The Chief Executive Officer, Zilla Parishad, Aurangabad. 4. The Education Officer (Primary), Zilla Parishad, Aurangabad. .. Respondents. (7) ............................... Mr. D.B. Pawar-Pathrekar, Advocate, for the petitioners. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 and 2. Mr. U.B. Bondar, Advocate, for respondent nos.3 and 4. .............................. CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 13TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Since a common issue is involved in these three petitions, they are heard and decided together. 3. The petitioners were appointed as Voluntary Teachers on fixed renumeration basis in the Vasti Schools run by the Zilla Parishad, Aurangabad, and the Zilla Parishad, Jalna. The petitioners were working in the said schools for different periods between 2001 to 2007. However, in the year 2008, in pursuance (8) to the directions issued by the Central Government, the State Government decided to close Vasti Schools and convert the Vasti Schools into Primary Schools under the Zilla Parishads. Subsequently, taking into consideration the grievance of the employees employed in various Vasti Schools, a Government Resolution was issued on 31st July 2009, whereby a decision was taken by the Government to appoint Voluntary Teachers as Para-Teachers on contract basis. Since the petitioners were not absorbed as Para-Teachers in accordance with the aforesaid Government Resolution, the petitioners have approached this Court by the present petitions. 4. In response to the notices issued by this Court, the respondents / Zilla Parishads have filed their affidavits in Writ Petition No. 4447/2010 and Writ Petition No. 4449/2010. 5. Mr. Ajay Deshpande, learned Counsel appearing for the respondent / Zilla Parishad, Jalna, states that since the petitioners were not in the employment on the date on which Government Resolution dated 31st July 2009 was issued by the State Government, they were not absorbed. As the petitioners were not in service on 27th March 2008 i.e. the date on which Vasti Schools were converted into regular Primary Schools, there was no question of absorbing the petitioners. (9) 6. Mr. U.B. Bondar, learned Counsel appearing for the respondent / Zilla Parishad, Aurangabad, states that the Zilla Parishad has sought guidance from the State Government, as to whether the persons like the petitioners could be absorbed, or not. 7. We find that the stand taken by the respondent / Zilla Parishad, that since the petitioners were not in the employment on 27th March 2008 i.e. the date on which Vasti Schools were converted into Primary Schools, they cannot be absorbed, is not in consonance with the Government Resolution dated 31st July 2009. Perusal of the said Government Resolution would reveal that the said Government Resolution is applicable to all such teachers who were working in Vasti Schools and who have been rendered jobless on account of closure of Vasti Schools. It is not in dispute, that the petitioners were, in fact, working in the Vasti Schools prior to their closure. In that view of the matter, we are unable to accept the contention raised by the respondent / Zills Parishad, in this behalf. 8. In the result, the petitions are allowed. It is held that the petitioners are entitled to the benefit of Government Resolution dated 31st July 2009, and the respondents / Zilla Parishads shall appoint the petitioners as (10) Para-Teachers, in accordance with the guidelines laid down in the said Government Resolution. 9. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp2254etc