W.P.No.11557 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.11557 OF 2010 Smt.Sayyada Samar Sultana, Age 40 years, Occu.Service as Assistant Teacher in Anjum Ul-uloom Girls Primary School, Peth Mohalla, R/o Parali Vaijnath, District Beed ..PETITIONER VERSUS 1. Anjuman Shikshan Sanstha, Azad Nagar, Parli-Vaijnath, Through its President Mr Illias Ahemad s/o Siraj Ahemad 2. Head Mistress, Anjum-ul-uloom Girls Urdu Primary School, Azad Nagar, Parali Vaijnath, District Beed 3. The Education Officer (Primary), Zilla Parishad, Beed (4) Osmani Mir Ahmad Vaset, | Deleted as per Court’s R/o C/o Anjuman Shikshan Sanstha, | leave dated 24.1.2011 Parali, District Beed | and 4.5.2011 in | C.A.No.6028 of 2011 5. Smt.Nasim Begum Sk.Ibrahim, R/o C/o Anjuman Ul-uloom Girls Primary School, Parali, District Beed ..RESPONDENTS Mr Ajay S.Deshpande, Advocate for petitioner Mr R.J.Godbole, Advocate for respondent No.1 Mr H.K.Munde, Advocate for respondent No.3 Mr S.R.Jaiswal, Advocate for respondent No.5 Respondent No.2 served Respondent No.4 deleted as per Court’s leave dated 24.1.2011 and order dated 4.5.2011 in C.A.No.6028 of 2011 W.P.No.11557 of 2010 2 WITH WRIT PETITION NO.550 OF 2011 Kazi Gulnaz Begum Nisar Ahmed, Age 40 years, Occupation Nil, R/o Parli Vaijnath, District Beed ..PETITIONER VERSUS 1. The State of Maharashtra, through Secretary, Education Department, Mantralaya, Mumbai 400 032 2. The Anjuman Shikshan Sanstha, Parli through its President, Parli-Vaijnath, Taluka Ambajogai, District Beed 3. Head Mistress, Imdadul Uloom Girls Primary School, Parali Vaijnath, Taluka Ambajogai, District Beed 4. Education Officer (Primary), Zilla Parishad, Beed (5) Ansari Azaruddin, | Deleted as per Age major, Occupation Service, | leave of the Court C/o Anjuman Shikshan Sanstha, | dated 17.6.2011 in Parli District Beed | C.A.No.6436 of | 2011 6. Smt.Kaniz Fatima M.A.Khaliq, Age Major, Occu.Service, C/o Anjuman Shikshan Sanstha, Parli District Beed ..RESPONDENTS Mrs A.N.Ansari, Advocate for petitioner Mr K.J. Ghute Patil, A.G.P. for respondent No.1 Mr R.J.Godbole, Advocate for respondents 2 and 3 Mr S.R.Jaiswal, Advocate for respondent No.6 Respondent No.4 served Respondent No.5 deleted as per leave of the Court dated 17.6.2011 in C.A.No.6436 of 2011 W.P.No.11557 of 2010 3 WITH WRIT PETITION NO.569 OF 2011 Shaikh Tarannum Shaikh Bashir, Age 36 years, Occu.Nil, Resident of Parali Vaijnath, Taluka Ambajogai, Dist.Beed ..PETITIONER VERSUS 1. The State of Maharashtra, through Secretary, Education Department, Mantralaya, Mumbai 400 032 2. The Anjuman Shikshan Sanstha, Parli through its President, Parli-Vaijnath, Taluka Ambajogai, District Beed 3. Head Mistress, Imdadul Uloom Girls Primary School, Parali Vaijnath, Taluka Ambajogai, District Beed 4. Education Officer (Primary), Zilla Parishad, Beed 5. Shaikh Younus Shaikh Mahtab, Age Major, Occupation Service, C/o Anjuman Shikshan Sanstha, Parli Vaijnath, District Beed 6. Syed Zakir Syed Jilani, Age Major, Occupation Service, C/o Anjuman Shikshan Sanstha, Parli Vaijnath, District Beed ..RESPONDENTS Mrs A.N.Ansari, Advocate for petitioner Mr K.J. Ghute Patil, A.G.P. for respondent No.1 Mr R.J.Godbole, Advocate for respondents 2 and 3 Mr S.R.Jaiswal, Advocate for respondent No.6 Respondent No.4 served W.P.No.11557 of 2010 4 CORAM : K.U. CHANDIWAL, J. DATE : 16th November 2011 ORAL JUDGMENT 1. Heard Mr Deshpande, Mr Godbole and Mr Jaiswal, learned Counsel for respective parties in Writ Petition No.11557 of 2010. Heard Smt.Ansari, Mr Jaiswal and Mr Godbole, learned Counsel for respective parties in Writ Petition No.550 of 2011 and Writ Petition No.569 of 2011. 2. Rule. Rule returnable forthwith. With the consent of learned Counsel for the respective parties, this petition is heard finally at the stage of admission. 3. Separate purshis is filed by the President, Shaikh Iliyas Ahmed s/o Siraj Ahmed and also either Smt.Ansari or Mr Deshpande for respective petitioners. All the petitioners present, they have signed respective purshis, confirmed the contents therein. Mr Godbole identifies respondent No.2 & 3 in Writ Petition No.550 of 2011, 569 of 2011 and respondent Nos.1 Shaikh Iliyas Ahmed s/o Siraj Ahmed and 2 Nuzhat Bano in Writ Petition No.11557 of 2010. The respective purshis taken on record. The learned Counsel for the respondent No.1 – Management in all the writ petitions confirms that the Resolution dated 12.7.2006 purporting to accept the resignation of individual petitioners will be treated W.P.No.11557 of 2010 5 as withdrawn. The petitioners will be reinstated and the petitioners shall be given seniority in the list, taking into consideration the first or initial appointment of each of the petitioner. There will not be break in the service of respective petitioners. The arrangement to provide reinstatement would be effective from 16.12.2011. If the respondent- Management fails to comply such reinstatement of individual petitioner, the management shall be liable to pay applicable salary to the post to which the petitioners are deemed to be reinstated effective from 16.12.2011 till date of such reinstatement. 4. Each of the petitioner, on instructions confirm that they will not insist, claim and prosecute for back-wages from the date of the resignation or the Resolution dated 12.7.2006. The management will carry necessary pay fixation of the respective petitioners within a reasonable period of six months from today. 5. The services of the individual respondents and also junior Assistant Teachers taken in place of respective petitioners as Assistant Teacher shall be taken care of in terms of Rule 26 of the M.E.P.S. Rules. 6. The individual petitioners shall not claim the three months’ wages/salary paid/deposited at the time of tendering the alleged resignations and alleged payments. W.P.No.11557 of 2010 6 6. The respective writ petitioners are disposed of finally. Rule made absolute in above terms. No order as to costs. ( K.U. CHANDIWAL, J. ) (vvr/11557.10wp)