1 WP8147.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8147 OF 2010 Raju Parshuramji Wandile ... Petitioner v/s The Dy. Director of Education, Mumbai Division, Mumbai & ors. ... Respondents Mr.K.K.Malpathak for the petitioner. Mr.C.R.Sonawane, A.G.P. for respondent No.1. Mr.Kiran J. Kandpile for respondent No.2. Ms.Manjiri S. Parasnis for respondent No.3. Mr.N.V.Bandiwadekar for respondent No.4. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 5TH SEPTEMBER, 2011 P.C.: 1. Heard. 2. Rule. 3. Respondents waive service. 2 WP8147.10 4. The petitioner is aggrieved by the order dated 21.8.2010 passed by respondent No.2. 5. The petitioner was initially appointed as a Clerk in Saraswati Vidyalay, Airoli, on daily wage basis. Pursuant to the staffing pattern sanctioned by the Deputy Director of Education vide his order dated 7.3.2005 the petitioner came to be appointed against the permanent vacancy in the post of a Clerk and the appointment was approved by respondent No.2 vide his order dated 18.3.2008. By the impugned order, the said approval order had been recalled and that too without hearing the petitioner. 6. The impugned order, on the face of it, is in breach of the principles of natural justice and solely on that ground it is required to be set aside. Respondent No.1 will have to hear all the parties concerned including the petitioner and respondent Nos.3 and 4 and pass a fresh order. Undoubtedly, respondent No.3 management will have to place all the record before respondent No.1 during the course of hearing. 7. We, therefore, allow this petition and set aside the impugned order dated 21.8.2010. 3 WP8147.10 8. We direct respondent No.1 to hear the petitioner, respondent Nos.3 and 4 afresh and pass the final order as expeditiously as possible but in any case within a period of eight weeks from today. 9. Parties to appear before respondent No.1 within one week from today. 10 Rule made absolute in terms of the above directions but without any orders as to costs. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 4 WP8147.10