1 w8645.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8645 OF 2011 Sunil Tulshiram Gavali .. Petitioner. Vs. The Education Officer & Ors. .. Respondents. WITH WRIT PETITION NO.8659 OF 2011 Smt.Shilpa Kisanrao Pawar .. Petitioner. Vs. The Education Officer & Ors. .. Respondents. WITH WRIT PETITION NO.8673 OF 2011 Santosh Rajaram Shedge .. Petitioner. Vs. The Education Officer & Ors. .. Respondents. Mr.Balkrishna Joshi for the petitioners. Mr.C.G.Gavnekar for the respondents. CORAM : D.B.BHOSALE & K.K.TATED, JJ. DATED : 15TH NOVEMBER, 2011 P.C. 1. Heard learned counsel for the parties. 2. Rule, returnable forthwith. 3. By consent of the parties the writ petition is taken up for final hearing. 4. In these petitions, the petitioners have impugned their termination orders dated 29.9.2011 issued by respondent no.2 - S 2 w8645.11 Chief Executive Officer. The challenge is mainly on the ground that impugned orders were issued by the Chief Executive Officer without issuing show cause notice to the petitioners and giving them an opportunity of being heard. 5. Mr.Joshi, learned counsel for the petitioners at the outset submitted that the petitioners were appointed as Senior Extension Officers after following due procedure. The advertisement for five posts of Senior Extension Officer was issued on 3rd May, 2008. After selecting five candidates who participated in the selection process alongwith the petitioners, the petitioners were placed in wait list at serial no.1, 2 and 3. The selection list was prepared and published on 30th June, 2008 and was valid till 29th June, 2009. The petitioners were admittedly appointed before 29.6.2009. After their appointments they completed probation period and they were made permanent. It is against this backdrop Mr.Joshi submitted that the Chief Executive Officer ought to have given show cause notice to the petitioners before taking drastic action of their termination. 6. Mr.Gavnekar, learned counsel for respondent nos.1 and 2 on the other hand submitted that action of termination was taken by the Chief Executive Officer on the basis of the report of a committee consisting of four senior officers of the Zilla Parishad constituted by respondent no.2 in view of the directions issued by the Divisional Commissioner, Konkan Division, vide his letter dated 17.11.2011. The said committee found that the appointments of the petitioners from open category was illegal. He invited our attention to the report of 3 w8645.11 the committee which mainly refers to the Government Resolution dated 9.10.2007 for holding that the appointments of the petitioners were illegal. 7. Mr.Joshi, learned counsel for the petitioners invited our attention to the Government Resolution dated 27th June, 2008 whereby the Government made substantial amendment to the Government Resolution dated 19.10.2007. He invited our attention to Schedule “A” to the resolution and more particularly clause (5) thereof which according to Mr.Joshi empowers the Chief Executive Officer to appoint persons like the petitioners who were placed in the waiting list on the post that fell vacant after the selection process was completed. Mr.Gavnekar fairly submits that this resolution dated 27th June, 2008 was not considered by the committee. Learned counsel for the parties have stated that we need not record further reasons for passing this order. In the circumstances we dispose of the writ petition by the following order: The termination orders dated 29.9.2011 issued by respondent no.2 - Chief Executive Officer against the petitioners are quashed and set aside. The Chief Executive Officer shall reinstate all the petitioners on the post which they were holding on the date of termination within a period of two weeks from today. It is open to the Chief Executive Officer to issue show cause notice to the petitioners as aforementioned and after giving an opportunity of being heard may proceed to pass fresh orders. The Chief Executive Officer while considering the report of the 4 w8645.11 committee dated 5th April, 2011 shall also take into consideration the Government Resolution dated 27th June, 2008 and more particularly Schedule “A” thereto. The Chief Executive Officer shall complete this process within a period of three months from the date of receipt of this order. All contentions of the parties are kept open. At this stage Mr.Joshi, learned counsel for the petitioners prays for protection if the orders that will be passed by the Chief Executive Officer are adverse to the petitioners. In view of peculiar facts and circumstances of the case if the orders that will be passed by the Chief Executive Officer are adverse to the petitioners they shall remain stayed for a period of 15 days from the date of its communication. Rule is made absolute in terms of this order. No costs. (K.K.TATED,J.) (D.B.BHOSALE,J.)