1 940wp5224.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 5224 OF 2017

Madhav s/o Rajendra Narhare,

Age : 34 years, Occu. Dismissed Teacher,

R/o. Bhadi, Post. Bhatangali,

Tq. & Dist. Latur.

...Petitioner

Versus

1] The Secretary,

Banjara Jan-Jagruti Mandal,

C/o Saint Goroba-Kaka Primary School,

Mahadeo Nagar, Latur.

2] The Head Master,

Shri Sant Goroba-Kaka Pri. School,

Mahadeo-Nagar, Latur.

3] Education Officer,

Primary, Zilla Parishad, Latur.

...Respondents

.....

Shri. Suresh M. Kulkarni, Advocate for the petitioner

Shri. B. L. Sagar-Killarikar, Advocate for respondent nos. 1 and 2

..…

AND

WRIT PETITION NO. 4037 OF 2017

Bramhadev s/o Ramchandra Jadhav,

Age : 31 years, Occu. Teacher,

R/o. Bhandarwadi, Post : Patharwadi,

Tq. Renapur, Dist. Latur.

...Petitioner

Versus

1] The Secretary,

Banjara Jan-Jagruti Mandal,

SG Punde, PA

2 940wp5224.2017

C/o Shri Saint Goroba-Kaka Primary School,

Mahadev Nagar, Latur.

2] The Head Master,

Shri Saint Goroba Kaka Primary School,

Mahadev Nagar, Latur.

3] The Education Officer (Primary),

Zilla Parishad, Latur, Dist. Latur.

...Respondents

.....

Shri. V. D. Salunke, Advocate for the petitioner

Shri. B. L. Sagar-Killarikar, Advocate for respondent nos. 1 and 2

..…

AND

WRIT PETITION NO. 5075 OF 2017

Ram s/o Somnath Khadke,

Age : 32 years, Occu. Teacher,

R/o. Moti Nagar, Latur, Dist. Latur.

...Petitioner

Versus

1] The Secretary,

Banjara Jan-Jagruti Mandal,

C/o Shri. Saint Goroba Kaka Primary School,

Mahadev Nagar, Latur.

2] The Head Master,

Shri. Saint Goroba Kaka Primary School,

Mahadev Nagar, Latur.

3] The Education Officer (Primary),

Zilla Parishad, Latur, Dist. Latur.

4] The State of Maharashtra

...Respondents

.....

Shri. R. J. Godbole, Advocate for the petitioner

Shri. B. L. Sagar-Killarikar, Advocate for respondent nos. 1 and 2

Shri. V. C. Patil h/f Shri. U. B. Bondar, Advocate for respondent no. 3

..…

SG Punde, PA

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CORAM : BHARATI H. DANGRE, J.

DATE : FEBRUARY 17^TH, 2022

ORAL JUDGMENT : -

1.

The three writ petitions are filed by three distinct

employees, being aggrieved by the Judgment and Order passed by

the School Tribunal, permitting the management to conduct a fresh

inquiry, though it set aside their termination and directed

reinstatement as well as back wages.

2.

Since the facts involved in these three writ petitions fall in

same conspectus, the three petitions are argued together and

disposed off by this common Judgment.

.

Heard the learned Counsel Shri. Suresh M. Kulkarni for the

petitioner in WP No. 5224/2017, learned Counsel Shri. V. D. Salunke

for the petitioner in WP No. 4037/2017, learned Advocate Shri. R. J.

Godbole for the petitioner in WP No. 5075/2017, learned Counsel

Shri. B. L. Sagar-Killarikar for the School Management in all the

petitions and the learned Counsel Shri. V. C. Patil holding for Shri. U.

B. Bondar for the Education Officer (Primary), Zilla Parishad, Latur,

in Writ Petition No. 5075 of 2017. Since the parties expressed

consensus to argue the petitions finally, I deem it appropriate to

SG Punde, PA

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grant Rule. Rule made returnable forthwith. Heard finally with

consent of the parties.

3.

The brief background would reveal that the petitioners on

possessing the requisite qualifications, were appointed by the

respondent no. 1 – management in the respondent no. 2 – school by

following due process of selection and subsequently the appointment

of Shikshan Seva