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2014 Supreme(Bom) 933

B.P.DHARMADHIKARI, P.R.BORA
Namita Narayan Jha – Appellant
Versus
Education Officer, (Secondary) Zilla Parishad, Gondla – Respondent


Advocates:
Advocate Appeared
For petitioners: A.Y. Kapgate and M.V. Samarth
For respondent Nos. 1 and 2: N.R. Patil and Mrs. B.P. Maldhure, Asstt. Govt. Pleaders
For respondent No. 3: A.K. Tripathi
For respondent No. 4 (W.P. No. 2563 of 2012): D. Mahajan

JUDGMENT

B.P. DHARMADHIKARI, J.

1. Heard learned Counsel for respective parties. With their consent matters are taken up for final disposal by issuing Rule, making the same returnable forthwith.

2. Two teachers recruited in open category, after following proper procedure are before this Court challenging the impugned order dated 29-4-2011. By the said order, the approval given to their appointments as Shikshan Sevaks for a period of three years on 30-3-2010, has been cancelled.

3. Shri Kapgate as also Shri Samarth, learned Counsel appearing for respective petitioners submit that the recruitment has been done after publishing an advertisement and completing proper procedure in accordance with the law. The advertisement was also published after due previous permission of the department. Petitioners were then appointed as Shikshan Sevaks for a period of three years i.e. from 22-3-2010. Their appointment was also duly approved by the department on 30-3-2010. It was all of a sudden cancelled on a complaint made by an ex-office bearer of the Trust. That cancellation was questioned before this Court in Writ Petition No. 4086/2010. The said Writ Petition was disposed of on 29-10-2010 by direc















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