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2015 Supreme(Bom) 763

S.S.SHINDE, P.R.BORA
Syed Mateen – Appellant
Versus
State of Maharashtra, Through Secretary, School Education Department – Respondent


Advocate Appeared:
For the Petitioners:Vivek J. Dhage, Y.P. Pawar, Advocates.
For the Respondents: K.J. Ghute Patil, AGP.

Oral Judgment: (S.S. Shinde, J.)

1. Heard. Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties.

2. This writ petition takes exception to the order of the Education Officer, Primary, Zilla Parishad, Nanded dated 10.11.2014.

3. It is the case of the petitioners that, in respondent no.5 school, two posts of Assistant Teacher were vacant due to retirement of two Assistant Teachers on 31.5.2012. Therefore, Headmaster of respondent no.5 School wrote letter dated 11.6.2012 and sought permission to issue advertisement for filling in the said vacant posts. In pursuance to the advertisement, the petitioners applied for the post of Shikshan Sevak and they are selected by respondent Nos. 4 and 5 for the post of Shikshan Sevak and, accordingly, the petitioners are appointed to the posts of Shikshan Sevak as per order dated 13.8.2012. The petitioners joined the services on 16.8.2012 and they are in continuous service till date. The Education Officer vide order dated 18.9.2013 granted approval to the appointment of the petitioners as Shikshan Sevak w.e.f. 16.8.2012.

4. It is the further case of the petitioners that respondent no.5 received communication











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