1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5130/2008 WITH C.A.NO: 33/2009 (Shailendra s/p Patru Telse and another vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 12th January, 2009. *** 1. Heard Mr Anand Parchure, learned counsel for petitioners; Mrs. Bharati Dangre, learned Additional Govt. Pleader for Respondents 1 and Mr. Mohan Sudame, for Respondent no. 2. 2. Mr. Parchure, learned counsel for petitioners has submitted that the petitioners were selected for the post of Senior Assistant (A/cs.) and were given appointment orders dated 19.7.2008 issued by the Respondent-Zilla Parishad. It is contended that at a later point of time, the Respondent-Zilla Parishad, once again, published the fresh select list in respect of the senior Assistant (A/cs) and the names of petitioners were not included in the said select list, for no justifiable reason. It is further contended that the Respondent-Zilla Parishad vide communication dated 20.11.2008 cancelled the appointments of the petitioners without giving reasonable opportunity of hearing to the petitioners and, therefore, it is 2 prayed that the order of cancellation of appointments of the petitioners being violative of principles of natural justice, cannot be sustained in law. 3. Mr. Sudame, learned counsel for Zilla Parishad has submitted that if this Court permits, the petitioners will be given reasonable opportunity of hearing and reconsider the issue by taking a fresh decision in this regard. 4. Considered the contentions canvassed by the respective counsel. Since it is not in dispute that the petitioners were selected and orders of appointment dated 19.7.2008 were issued to the petitioners by Zilla Parishad, it was necessary for Zilla Parishad to follow the principles of natural justice before canceling the said appointment orders and since this procedure has not been followed, the action of cancellation of appointments by Zilla Parishad has resulted in violating the principles of natural justice. 5. For the reasons stated hereinabove, we quash and set aside the order dated 20.11.2008, remit the matter back to Zilla Parishad for reconsideration of the said issue and take a final decision on its own merit and in accordance with law, within a period of fifteen days from the date of communication of this order, by following principles of natural justice. 6. With the above observation and direction Writ Petition is disposed of. Order of status quo granted by this court to continue till the decision is 3 taken by Zilla Parishad on the above-referred representations. 7. In view of the order passed in Writ Petition, Civil Application No.33/2009 is also disposed of accordingly. JUDGE JUDGE sahare