1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2733 OF 2005 WRIT PETITION NO.2733 OF 2005 WRIT PETITION NO.2733 OF 2005 Mr. Rajendra Chhotu Yadav ...Petitioner Mr. Rajendra Chhotu Yadav ...Petitioner Mr. Rajendra Chhotu Yadav ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- Mr. N.V. Bhandiwadekar Adv. for Petitioner Mr. N.V. Bhandiwadekar Adv. for Petitioner Mr. N.V. Bhandiwadekar Adv. for Petitioner Mr. Rane, G.P. for Respondents 1 to 3 Mr. Rane, G.P. for Respondents 1 to 3 Mr. Rane, G.P. for Respondents 1 to 3 Mr. B.V. Phadnis Adv. for Respondent No.4 Mr. B.V. Phadnis Adv. for Respondent No.4 Mr. B.V. Phadnis Adv. for Respondent No.4 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 P.C. P.C. P.C. 1. Rule. Heard forthwith. 1. Rule. Heard forthwith. 1. Rule. Heard forthwith. 2. The Petitioner was working as a full time 2. The Petitioner was working as a full time 2. The Petitioner was working as a full time Teacher in the Establishments of Respondents 4 & 5. Teacher in the Establishments of Respondents 4 & 5. Teacher in the Establishments of Respondents 4 & 5. It appears that on account of reduction of students It appears that on account of reduction of students It appears that on account of reduction of students there is decrease in work load and consequently there is decrease in work load and consequently there is decrease in work load and consequently Respondent No.3 pursuant to the directions issued to Respondent No.3 pursuant to the directions issued to Respondent No.3 pursuant to the directions issued to him held that the Petitioner herein could not teach him held that the Petitioner herein could not teach him held that the Petitioner herein could not teach any other subject except Hindi and as such was any other subject except Hindi and as such was any other subject except Hindi and as such was entitled to be paid part-time teacher salary. entitled to be paid part-time teacher salary. entitled to be paid part-time teacher salary. 3. It is now urged on behalf of the Petitioner 3. It is now urged on behalf of the Petitioner 3. It is now urged on behalf of the Petitioner that when the number of students are decreased then that when the number of students are decreased then that when the number of students are decreased then there should be decrease in the workload of all the there should be decrease in the workload of all the there should be decrease in the workload of all the Teachers and not only in the case of the Petitioner. Teachers and not only in the case of the Petitioner. Teachers and not only in the case of the Petitioner. 2 4. On the other hand on behalf of Respondents it 4. On the other hand on behalf of Respondents it 4. On the other hand on behalf of Respondents it has been submitted that the other teachers are doing has been submitted that the other teachers are doing has been submitted that the other teachers are doing other work of taking other subjects. There is no other work of taking other subjects. There is no other work of taking other subjects. There is no question of decrease in their work load. This question of decrease in their work load. This question of decrease in their work load. This contention was not specifically urged or raised before contention was not specifically urged or raised before contention was not specifically urged or raised before Respondent No.3. Considering that in order to obviate Respondent No.3. Considering that in order to obviate Respondent No.3. Considering that in order to obviate any injustice we direct Respondent No.3 to hear the any injustice we direct Respondent No.3 to hear the any injustice we direct Respondent No.3 to hear the Petitioners on his representation only on this Petitioners on his representation only on this Petitioners on his representation only on this specific point and not any other point and thereafter specific point and not any other point and thereafter specific point and not any other point and thereafter to pass necessary orders. Such representation to be to pass necessary orders. Such representation to be to pass necessary orders. Such representation to be made within 3 weeks from today. made within 3 weeks from today. made within 3 weeks from today. 5. Rule made absolute. Petitioner and 5. Rule made absolute. Petitioner and 5. Rule made absolute. Petitioner and Respondents 4 & 5 to appear before Respondent No.3 on Respondents 4 & 5 to appear before Respondent No.3 on Respondents 4 & 5 to appear before Respondent No.3 on 6th December 2005 at 11.00 a.m. 6th December 2005 at 11.00 a.m. 6th December 2005 at 11.00 a.m. 6. All parties to act on the authenticated copy 6. All parties to act on the authenticated copy 6. All parties to act on the authenticated copy of this order. of this order. of this order. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)