JUDGMENT :

(Ravindra V. Ghuge, J.) :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioners have put-forth prayer clause-B, B1, B2 and B3 as under :

“B) By issuance of a writ of mandamus or any other appropriate writ, order or direction in the like nature, it be directed to the respondent No.2 and 3 in particular to disburse the salary of the petitioners forthwith.

B-1) By issuance of writ of certiorari or writ or order in like nature quash and set aside the impugned show cause notice (Exh.G) dtd.25/6/2021 issued by the respondent no.2; and for that purpose issue necessary directions.

B-2) By issuance of writ of certiorari or writ or order in like nature grant stay to the implementation, operation and execution of the impugned show cause notice (Exh.G) dtd.25/6/2021 issued by the respondent no.2 with further direction to allow the petitioner to continue their services and to release the salary, to which the petitioner are legitimately entitled and also no coercive action based upon the impugned communication be taken against the petitioners; and for that purpose issue necessary directions.

B-3) Quash and set aside the impugned communication/ order dtd.5/8/2021 issued by the respondent no.2 with further directions to restore the same and confer the consequential service benefits including the salary; and for that purpose issue necessary directions.”

3. This matter was heard at length on 06.12.2023, 07.12.2023 and today.

4. We have considered the last order dated 05.08.2021 that has been passed by the Deputy Director of Education, Nashik Division, Nashik which has been impugned in this petition through an amendment. Suffice it to say that the approval to the payment of salaries of the Petitioners have been refused on the following grounds:

5. There is no dispute that the Petitioners possess qualifications of M.Sc, B.Ed and B.A., B.Ed respectively. They were qualified to be appointed as ‘Shikshan Sevak’ for a period of three years. After their selection and appointment vide orders dated 09.02.2012, they were appointed as ‘Shikshan Sevak’. The Education Officer accorded permanent approval to the appointments of these Petitioners vide his order dated 27.03.2015 and they were granted the pay scale of Rs.9300-34800 in the grade pay of Rs.4300/-. Their names were included in the Shalarth ID and they were regularly receiving their salaries.

6. A complaint dated 06.11.2020 was filed by Bahujan Republican Association Party under the signature of one Mr. Anand Londhe, who claims to be the State Convener of the party. Vide the said complaint addressed to the Deputy Director of Education Nashik Division, it was alleged that the Petitioners have been illegally appointed. Based on such allegations, Respondent No.2 issued show cause notices dated 01.02.2021 to the Petitioners and directed that their salaries shall be with held from February – 2021. The Petitioners have, therefore, approached this Court.

7. By amending the petition, the Petitioners canvassed in paragraph nos.16-A and 16-B as under:

16-A. Petitioners submit that, it has been reliably learnt that the complainant has filed numerous complaint with the office of the Deputy Director, with regard to the issue of appointments and approvals of the various teachers. Thus it appears that, the complainant is habitual complainant and service jurisprudence doesn't recognize the concept of public interest and the said issue is no more res integra in the wake of the authoritative pronouncement of Hon'ble Apex Court in case of Duryodhan Shaush case (1998) 7 SCC 273, which is reiterated and followed in (2004) 3 SCC 363 as well as (2010) 9 SCC 655 Hari Banslal. Thus there was no occasion to try and entertain the complaint of the habitual complainant, who has neither participated in the recruitment process, wherein the petitioners have been selected and appointed by following due procedure of law. In any case the appointments of the petitioners are of the ye