1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7497 OF 2008 ... Pratiksha Prakash Agiwale and anr. ...Petitioners v/s Zilla Parishad, Thane & ors. ...Respondents WITH WRIT PETITION NO.7503 OF 2008 Mr.Vijay Kanha Thorat and anr. ...Petitioners v/s Zilla Parishad, Thane & ors. ...Respondents WITH WRIT PETITION NO.7589 OF 2008 Ms.Surekha Narayan Dhumal ...Petitioners v/s Zilla Parishad, Thane & ors. ...Respondents WITH WRIT PETITION NO.7591 OF 2008 Mr.Nitin Fulajirao Patil ...Petitioner v/s Zilla Parishad, Thane & ors. ...Respondents 2 WITH WRIT PETITION NO.7596 OF 2008 Mr.Vijay Madhukar Kudav ...Petitioners v/s Zilla Parishad, Thane & ors. ...Respondents ... Mr.Anilkumar Patil for the Petitioners in W.P. No.7497/08, W.P. No.7503/08. Mr.N.V.Bandiwadekar for the Petitioners in W.P.No.7589/08, W.P.No.7591/08 & W.P.No. 7596/08. Mr.S.P.Thorat with Mr.C.S.Joshi for Respondents Nos.1 & 2. Mr.V.S.Masurkar,GP for State. Ms.Deepa Kamath for Respondent No.4. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:19th November, 2009 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 3 2 In these petitions, it is common ground that the Petitioners were appointed to various posts under the Zilla Parishads on their names being communicated as selected candidates to Zilla Parishads by the Maharashtra Knowledge Corporation Ltd. It is also common ground that thereafter their services came to be terminated because the Maharashtra Knowledge Corporation Ltd. Communicated to the Zilla Parishad that they have found some mistakes in the earlier list prepared by them on the basis of which the Petitioners were appointed and that they have corrected those mistakes and prepared a fresh list in which the names of the Petitioners did not appear. Considering that large number of persons are involved and admittedly their services have been terminated, without granting an opportunity of being heard, we suggested to the learned Government Pleader 4 that the responsible Officer of the State Government should re-examine the entire issue again to find out whether the communication on the basis of which the services of the Petitioners were terminated by the Zilla Parishad was really correct and legal. 3 The learned Government Pleader has filed an affidavit on behalf of the Government today. Firstly, he pointed out that the candidates who have similarly situated as the Petitioners had filed two petitions before the Aurangabad Bench of this Court, and those petitions were disposed of by the Division Bench by its order dated 8-12-2008. The Division Bench, it appears, examined the result sheet and found that the termination effected was justified. In our opinion, this order cannot prevent the State Government from re-examining the issue. The 5 learned Government Pleader further stated that in view of the intervention of so many candidates, the Government should be granted at least four months time to complete the exercise. 4 Taking overall view of the matter, therefore, in our opinion, following order would meet the ends of justice. O R D E R (i)The Petitioners shall appear before the Secretary, Department of Rural Development and Water Conservation on 1st December, 2009 and submit their representations; (ii) The Secretary, thereafter, hold an inquiry by calling for information from the concerned Zilla Parishad as also the 6 Maharashtra Knowledge Corporation Ltd., grant an opportunity of being heard to the Petitioners and then pass a speaking order on the question whether the Zilla Parishads were justified in terminating the services of the Petitioners. The order shall be a reasoned order. (iii) The order shall be made by the Secretary as expeditiously as possible, in any case within a period of four months from 1-12-2009. (iv) In case the Secretary comes to the conclusion that the Zilla Parishads were justified terminating the services of the Petitioners, the order of termination shall remain in field. (v) In case the Secretary comes to the conclusion that the Zilla Parishads were not justified in terminating the services, the order terminating their 7 services shall stand set aside and they shall stand reinstated in the service of the Zilla Parishads with such benefits as the Secretary held them entitled in accordance with law. (vi)It is made clear that the Zilla Parishads who are involved in these petitions are also entitled to appear before the Secretary on 1st December, 2009. (vii) Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)