1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2060 OF 2005 WRIT PETITION NO.2060 OF 2005 WRIT PETITION NO.2060 OF 2005 Mr. Balu Tukaram Bhor ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO.2061 OF 2005 WRIT PETITION NO.2061 OF 2005 WRIT PETITION NO.2061 OF 2005 Smt. Vatsala Vithal Londhe ...Petitioner Vs. The State ofMaharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO. 2062 OF 2005 WRIT PETITION NO. 2062 OF 2005 WRIT PETITION NO. 2062 OF 2005 Mr. Santosh S. Patil ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO.2063 OF 2005 WRIT PETITION NO.2063 OF 2005 WRIT PETITION NO.2063 OF 2005 Mr. Dilip Hasuram Patil ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO.2064 OF 2005 WRIT PETITION NO.2064 OF 2005 WRIT PETITION NO.2064 OF 2005 Smt. Rekhas Santaram Gambhir ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO.2065 OF 2005 WRIT PETITION NO.2065 OF 2005 WRIT PETITION NO.2065 OF 2005 Mr. Vilas Devram Dube ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO.2066 OF 2005 WRIT PETITION NO.2066 OF 2005 WRIT PETITION NO.2066 OF 2005 Mr. Prakash Kana Patil ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH 2 WRIT PETITION NO.2669 OF 2005 WRIT PETITION NO.2669 OF 2005 WRIT PETITION NO.2669 OF 2005 Mr. Balasaheb Chandrakant Solase ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents WITH WITH WITH WRIT PETITION NO. 2670 OF 2005 WRIT PETITION NO. 2670 OF 2005 WRIT PETITION NO. 2670 OF 2005 Mr. Anil Prabhakar Thakur ...Petitioner Mr. Anil Prabhakar Thakur ...Petitioner Mr. Anil Prabhakar Thakur ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ------- ------- ------- Mr.V.S.Deokar Adv. with Mr.L.N.Bedekar Adv. for Mr.V.S.Deokar Adv. with Mr.L.N.Bedekar Adv. for Mr.V.S.Deokar Adv. with Mr.L.N.Bedekar Adv. for Petitioners Petitioners Petitioners Mr.Mandar Limaye Adv. for Respondents 5 & 6 Mr.Mandar Limaye Adv. for Respondents 5 & 6 Mr.Mandar Limaye Adv. for Respondents 5 & 6 Mr. Sonawane, A.G.P. for the State Mr. Sonawane, A.G.P. for the State Mr. Sonawane, A.G.P. for the State CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 P.C. P.C. P.C. 1. Rule in all the Petitions. Heard forthwith. 1. Rule in all the Petitions. Heard forthwith. 1. Rule in all the Petitions. Heard forthwith. 2. The grievance of the Petitioners in all these 2. The grievance of the Petitioners in all these 2. The grievance of the Petitioners in all these Petitions is that though there was regular work load Petitions is that though there was regular work load Petitions is that though there was regular work load they have not been approved as regular teachers and they have not been approved as regular teachers and they have not been approved as regular teachers and subsequent to their appointment other teachers have subsequent to their appointment other teachers have subsequent to their appointment other teachers have been appointed to regular posts and approval granted been appointed to regular posts and approval granted been appointed to regular posts and approval granted for those appointments. for those appointments. for those appointments. 3. On the other hand on behalf of Respondent 3. On the other hand on behalf of Respondent 3. On the other hand on behalf of Respondent Management it is submitted that there is no work load Management it is submitted that there is no work load Management it is submitted that there is no work load and consequently the Petitioners cannot be appointed. and consequently the Petitioners cannot be appointed. and consequently the Petitioners cannot be appointed. 3 4. The issue will require going into facts and 4. The issue will require going into facts and 4. The issue will require going into facts and records of the School to resolve, the controversy. records of the School to resolve, the controversy. records of the School to resolve, the controversy. The ends of justice will be met if the Education The ends of justice will be met if the Education The ends of justice will be met if the Education Officer (Secondary)(ZP), Raigad Alibaug enquires into Officer (Secondary)(ZP), Raigad Alibaug enquires into Officer (Secondary)(ZP), Raigad Alibaug enquires into the contentions of the Petitioners and decide the the contentions of the Petitioners and decide the the contentions of the Petitioners and decide the same. If the Education Officer comes to the same. If the Education Officer comes to the same. If the Education Officer comes to the conclusion that the Petitioners were wrongly denied conclusion that the Petitioners were wrongly denied conclusion that the Petitioners were wrongly denied appointment, he to issue appropriate directions to the appointment, he to issue appropriate directions to the appointment, he to issue appropriate directions to the Management. If the Education Officer comes to the Management. If the Education Officer comes to the Management. If the Education Officer comes to the conclusion that there is no work load, then to pass conclusion that there is no work load, then to pass conclusion that there is no work load, then to pass appropriate orders. The decision in each of the cases appropriate orders. The decision in each of the cases appropriate orders. The decision in each of the cases individually or collectively be taken within eight individually or collectively be taken within eight individually or collectively be taken within eight weeks from today. weeks from today. weeks from today. 5. In the event the order is adverse to the 5. In the event the order is adverse to the 5. In the event the order is adverse to the Petitioner the interim order to continue for a further Petitioner the interim order to continue for a further Petitioner the interim order to continue for a further period of 2 weeks from the date of receipt of the period of 2 weeks from the date of receipt of the period of 2 weeks from the date of receipt of the final decision of the Education Officer (Secondary) final decision of the Education Officer (Secondary) final decision of the Education Officer (Secondary) Zilla Parishad, Raigad by the Petitioners. Zilla Parishad, Raigad by the Petitioners. Zilla Parishad, Raigad by the Petitioners. 6. Petitioner will appear before the Education 6. Petitioner will appear before the Education 6. Petitioner will appear before the Education Officer on 29th November 2005 at 11.00 a.m. for Officer on 29th November 2005 at 11.00 a.m. for Officer on 29th November 2005 at 11.00 a.m. for further directions. Needless to say that the further directions. Needless to say that the further directions. Needless to say that the Petitioners and the Management and other persons Petitioners and the Management and other persons Petitioners and the Management and other persons likely to be affected will be heard by the Officer likely to be affected will be heard by the Officer likely to be affected will be heard by the Officer before taking decision. before taking decision. before taking decision. 7. The Education Officer will also consider the 7. The Education Officer will also consider the 7. The Education Officer will also consider the contention of the Petitioner that they have not been contention of the Petitioner that they have not been contention of the Petitioner that they have not been 4 paid salaries and if that be so the Education Officer paid salaries and if that be so the Education Officer paid salaries and if that be so the Education Officer to issue orders and directions to pay the salaries to to issue orders and directions to pay the salaries to to issue orders and directions to pay the salaries to the Petitioners for the period of which they claim. the Petitioners for the period of which they claim. the Petitioners for the period of which they claim. . Rule made absolute accordingly in all the . Rule made absolute accordingly in all the . Rule made absolute accordingly in all the Petitions. No order as to costs. Petitions. No order as to costs. Petitions. No order as to costs. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)