wp5257.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5257 OF 2010 1) Kailas s/o Dagdoba Gatkhane, C/o-Block Education Officer, Panchayat Samiti Badnapur, Dist-Jalna and others. ...PETITIONERS. VERSUS 1) The Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32 and others. ...RESPONDENTS. ... Shri. Pradeep Deshmukh Advocate h/f. Shri.H.A. Joshi Advocate for Petitioners. Shri.K.G Patil, A.G.P. for Respondent Nos.1 to 3 and 8. ShriV.R. Sonwalkar Advocate for Respondent No.4. Shri.V.D. Hon Advocate for Respondent No.5. Shri.K.J. Ghute Patil Advocate for Respondent No.6. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 12TH OCTOBER, 2011. wp5257.10 2 PER COURT : 1. Heard learned counsel appearing for the parties. 2. The Petitioners claim that they are working as Stenographer, Lower Grade, on contract basis under District Primary Education Scheme, which is now known as Sarva Shiksha Abhiyan. The Petitioners are working under the schemes which are run by respective Zilla Parishads. The Chief Executive Officer of respective Zilla Parishad is head of the scheme in the respective Districts. The Petitioners have prayed for issuance of directions to Respondents to absorb the Petitioners on regular permanent establishment of the State Government or Zilla Parishad, as the case may be. 3. Shri. Deshmukh, learned counsel for the Petitioners has referred to the order passed by wp5257.10 3 Chief Executive Officer, Zilla Parishad, Aurangabad dated 24th July, 2007 and the communication issued by the Desk Officer, State of Maharashtra dated 8th May, 2007. The counsel submits that under the said order/communication referred above, some of the employees who were working under the scheme on contract basis, were absorbed, whereas the Petitioners have not been absorbed accordingly. 4. On behalf of the Respondent State, affidavit in reply is filed through Mr.Popat Vithalrao Basonde, Deputy Commissioner (Establishment) in the office of Divisional Commissioner, Aurangabad. In par-5 of the reply, the deponent contends that: "5. I say and submit that it is the petitioner's claim that certain similarly situated persons have been absorbed in the Zilla Parishad's and that various proposals sent by the wp5257.10 4 Zilla Parishad's are pending with the Government for approval for such absorption. In this regard, it is submitted that in some cases such directions for absorption may have been passed before issuance of Circular dated 25.8.2005. However, directions are now issued that not to consider any such proposal received from Zilla Parishad for absorption, as any such order directing absorption will be contrary to various decision of the Hon'ble Supreme Court. It is categorically stated that none of the proposals pending with the Government for absorption of contractual employees under Sarva Shiksha Abhiyan Scheme would be granted by the Government henceforth. " 5. Learned counsel for the Petitioner referred to the communication issued by the wp5257.10 5 Project Director, Maharashtra Primary Education Council, addressed to the Secretary, Education and Sports Department, State of Maharashtra, dated 5th March, 2009. We have perused the same. 6. Prima facie consideration of the material placed before this Court shows that the State Government is implementing a Scheme of 'Sarva Shiksha Abhiyan', which is partly funded by the Central Government and partly funded by the State Government. Under the scheme, 12360 posts were sanctioned and appointment orders were issued on contract basis. In view of the fact that the appointment orders were issued on contract basis and the Petitioners were working under a Scheme, we are not inclined to issue directions in exercise of extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, to the State Government to absorb the Petitioners on regular permanent establishment of the State Government or Zilla Parishad. wp5257.10 6 7. We direct that the Principal Secretary, Rural Development Department, Government of Maharashtra shall look into the cases brought to the notice of the State wherein persons working under 'Sarva Shiksha Abhiyan' Scheme are absorbed on regular permanent establishment of the particular Zilla Parishad or in the services of the State Government, as the case maybe, and take appropriate decision in accordance with the scheme. 8. With these observations the Writ Petition is disposed of. 9. Registry of this Court is directed to forward copy of this order to the Principal Secretary, Rural Development Department, Government of Maharashtra. Authenticated copy of this order be provided to the learned A.G.P. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/OCT11