Ladda 1 wp-4901-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4901 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug & Another .. Petitioners. V/s. Mr. Satish V. Pokale & Others .. Respondents. WITH WRIT PETITION NO.4902 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Mr. Sandeep S. Funde & Others .. Respondents. WITH WRIT PETITION NO.4909 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Smt. Seema E. Badhe & Others .. Respondents. WITH WRIT PETITION NO.4938 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Mr. Madhukar V. Wagh & Others .. Respondents. Ladda 2 wp-4901-11.sxw WITH WRIT PETITION NO.4942 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Mr. Ashok D. Khedkar & Others .. Respondents. WITH WRIT PETITION NO.4943 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Mr. Sachin A. Dhole & Others .. Respondents. WITH WRIT PETITION NO.5018 OF 2011 The Chief Executive Officer, Zilla Parishad Raigad, Alibaug, & Another .. Petitioners. V/s. Smt. Jayashree A. Pokale & Others .. Respondents. Mr. C.G.Gavanekar, for Petitioners in all petitions. Mr S.C.Mangle, Advocate for Respondent No.1 in all petitions. CORAM : RANJIT MORE,J. DATE : 20th September, 2011. Ladda 3 wp-4901-11.sxw P.C.: 1. Heard learned counsel for the respective parties. 2. All these petitions involve common question and, are, therefore,being disposed of together. 3. The Zilla Parishad, Raigad by filing the aforesaid writ petitions challenges the common order dated 11.3.2011 passed by One Man Grievance Committee (for short “Grievance Committee”) constituted for entertaining complaints of Shikshan Sevaks. By the said order, the action on the part of Zilla Parishad Raigad, terminating service of Respondent No. 1, in each of the aforesaid writ petitions, was quashed and set aside and Respondent No.1 directed to be reinstated as an Assistant Teacher forthwith with continuity of service. 4. Mr Gavnekar, learned counsel for the petitioners relies upon the Apex Court judgment in the case of the Secretary Vs. Shivaji Bhagwat More & Ors in Civil Appeal No. 4988/2011. By the said judgment, the Apex Court was pleased to hold that the State Government by executive fiat or the High Court under Article 226 of the Constitution cannot constitute Quasi Judicial Tribunal. The Apex Court also held that the decision of the Grievance Committee is not enforceable or executable, however, same is in the nature of recommendation, that can be made the basis by the Education Department, to issue appropriate directions, in accordance with law. In short, the Apex Court held that the Grievance Committee constituted under the Shikshan Sevaks Scheme cannot order reinstatement of a Shikshan Sevak. Faced with this difficulty, Mr Mangle, agrees for setting aside the impugned order. However, he submits that liberty may be granted to respondent No.1 to challenge the order of termination by filing a proceeding before appropriate Forum. Mr Gavnekar, learned counsel for the petitioners has no objection, if this liberty is granted to respondent No.1. Ladda 4 wp-4901-11.sxw In the above circumstances, petition is disposed of by passing the following order:- ORDER. (1) Impugned order passed by One Man Grievance Committee dated 14.6.2011 is quashed and set aside. (2) Respondent No.1 is at liberty to file proceedings, before appropriate forum, challenging the impugned order of termination. In the event, such proceedings are filed within a period of four weeks from today, the petitioners shall not oppose the same on the ground of limitation. (3) It is made clear that I have not gone into the merits of the case and all points and contentions of the respective parties with regard to the termination order, are kept expressly open. (RANJIT MORE, J.)