1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4574 OF 2009 Suvarna Laxmanrao Shirsath - PETITIONER VERSUS 1) President, Beed Zilla Oos Tod Kamgar Vikas Mandal, Kej, Dist. Beed and others. - RESPONDENTS AND WRIT PETITION NO.4575 OF 2009. Savitra Vishwambharrao Jadhav - PETITIONER VERSUS 1) President, Beed Zilla Oos Tod Kamgar Vikas Mandal, Kej, Dist. Beed and others. - RESPONDENTS ***** Mr.Vivek Bhavthankar,Advocate for Petitioners; Mr.RR Suryawanshi, Adv. for Resp.Nos.1 & 2; Mrs.RK Laddha, AGP for Resp.No.3. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 20th November, 2009. 2 PER COURT : . Heard. 2) The Divisional Social Welfare Officer and District Social Welfare Officer, consequent to the orders passed by this Court, are present in this Court. Two communications are placed before us, one is forwarded by the Divisional Social Welfare Officer, Aurangabad Region, Aurangabad dated 13.11.2009 to the Special District Social Welfare Officer, Beed and another is by the Special District Social Welfare Officer Beed, dated 16.11.2009 to the Head Master, Sane Guruji Niwasi Vidyalaya, Kaij. In the communication made by the Special District Social Welfare Officer, Beed it is informed that in spite of the orders passed by the Divisional Social Welfare Officer, the petitioners are not reinstated in service, therefore, the petitioner be reinstated in service and submit a report, in absence thereof appropriate administrative action will be initiated against the institution. 3 3) Learned Counsel appearing for the respondent/institution submitted that a Review Application was filed before the Divisional Social Welfare Officer on 15.7.2008, which according to learned AGP, is decided on 10.11.2009 by the Divisional Social Welfare Officer, stating therein that no powers of review are conferred on him. 4) Firstly, when such application was filed for review, the same ought to have been disposed of at the earliest by the Divisional Social Welfare Officer, which has not been done in the present case. 5) Surprisingly, during the pendency of the proceedings of these petitions, the said application was disposed of by the Divisional Social Welfare Officer. The said disposal does not have any bearing on the proceedings of this case now. We are concerned that in spite of the 4 order dated 7.7.2008 passed by the Divisional Social Welfare Officer, who acted like a quasi- judicial authority while deciding the case brought before him, it was not complied with by the respondent/institution. The only answer available with the respondent/institution is that the review application was pending before the Divisional Social Welfare Officer. We are not convinced with the argument advanced by the learned Counsel for the respondent for non- compliance of the order passed by the Divisional Social Welfare Officer. This incident has to be taken in all its seriousness and, therefore, the Divisional Social Welfare Officer of this region was directed to remain present in this Court. 6) Learned AGP Mrs. Laddha, on instructions, states that in case of non- compliance of the orders passed by the authorities concerned by the institution, stringent action, like withdrawal of grants or 5 withdrawal of recognition, would be taken. 7) We direct the Divisional Social Welfare Officer of this region to call for information from all the District Social Welfare Officers under his jurisdiction as to in how many matters the orders passed by the Divisional Social Welfare Officers are not complied with and what action is taken in that regard. Needless to mention, we are dealing with matter of a teacher, who is supposed to discharge duties in teaching and educating future generation of this country. The Government releases huge grants for educating children under various schemes, like the present one. With this view in mind, we have issued these directions. 8) Learned Counsel appearing for the respondent/institution, submits that he has challenged the order passed by the Divisional Social Welfare Officer before the learned Single Judge of this Court in WP Nos.7677/09 and 6 7678/09, wherein notices are issued. That is different matter altogether. We are not concerned with that issue in the present proceedings of the writ petitions. 9) The Divisional Social Welfare Officer and District Social Welfare Officer now shall take appropriate steps in tune with the order passed by the Divisional Social Welfare Officer in case of the petitioners. The issue regarding payment of salary shall also be dealt with accordingly. These observations made by us shall not affect the proceedings filed by the respondent/institution before the learned Single Judge of this court. We expect that the higher officers now take prompt action within two weeks from today. 10) Registry to forward a copy of this order to Secretary, Social Justice Department, Government of Maharashtra, Mumbai, for information and for further action. 7 11) With these observations, the petitions stand disposed of. 12) Parties to act on authenticated copy of this order. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp4574.09