w w w . L a w y e r S e r v i c e s . i n



Vikas & Others v/s The State of Maharashtra, Through : Principal Secretary, School Education & Sports Department & Others


Company & Directors' Information:- R K SPORTS PRIVATE LIMITED [Active] CIN = U36939PB1995PTC017083

Company & Directors' Information:- AND SPORTS PRIVATE LIMITED [Active] CIN = U74110DL2014PTC272251

Company & Directors' Information:- G M SPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC031319

Company & Directors' Information:- S B SPORTS LIMITED [Strike Off] CIN = U99999TN2000PLC044534

Company & Directors' Information:- VIKAS R & D INDIA PRIVATE LIMITED [Active] CIN = U73100DL2012PTC232875

Company & Directors' Information:- G S SPORTS PVT LTD [Strike Off] CIN = U36939PB1991PTC011148

Company & Directors' Information:- J S SPORTS PRIVATE LIMITED [Active] CIN = U36939PB1995PTC016666

Company & Directors' Information:- U S SPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U92412MH2009PTC189869

Company & Directors' Information:- A. N. SPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC219007

Company & Directors' Information:- R S SPORTS PRIVATE LIMITED [Strike Off] CIN = U36939PB1999PTC022403

Company & Directors' Information:- A K SPORTS PVT LTD [Strike Off] CIN = U36939PB1983PTC005440

Company & Directors' Information:- R P SPORTS PRIVATE LIMITED [Strike Off] CIN = U92412WB2011PTC164017

Company & Directors' Information:- M. G. SPORTS PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172207

Company & Directors' Information:- I N D SPORTS PRIVATE LIMITED [Strike Off] CIN = U92412TN2011PTC083708

Company & Directors' Information:- SPORTS PRIVATE LIMITED [Active] CIN = U27101UP1952PTC002419

Company & Directors' Information:- R K G SPORTS PRIVATE LIMITED. [Active] CIN = U92200DL2007PTC170466

Company & Directors' Information:- VIKAS EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80903KA2011PTC061619

    Writ Petition No. 12336 of 2016

    Decided On, 20 February 2018

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE S.S. SHINDE & THE HONOURABLE MR. JUSTICE S.M. GAVHANE

    For the Petitioners: M.K. Deshpande, Advocate. For the Respondents: S.B. Yawalkar, A.G.P., R5 & R6, S.B. Ghute, Advocate.



Judgment Text

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.

2. Learned counsel appearing for the petitioners submits that, the Chief Executive Officer, Zilla Parishad, Aurangabad has issued the impugned order, thereby reverting the petitioners from the post of Trained Graduate Teachers to Assistant Teachers, however without giving an opportunity of hearing and in contravention to the principles of natural justice. The Chief Executive Officer has passed the impugned order, which is contrary to the government policy as well as the law laid down by the Hon'ble Apex Court. The impugned order passed by the Chief Executive Officer, Zilla Parishad, Aurangabad is without there being any valid reason and without application of mind, and therefore, the same is required to be quashed and set aside in the interest of justice.

3. Learned A.G.P. appearing for the Respondent State and its officials and the learned counsel appearing for the Zilla Parishad, Aurangabad submit that the order impugned in this Petition is self speaking, in as much as, the reasons are assigned in the impugned order, and therefore, the Petition deserves to be dismissed in limine.

4. We have considered the rival submissions advanced by learned counsel appearing for the parties, and also perused the pleadings and grounds taken in the Petitions. Admittedly, before passing the impugned order thereby reverting the petitioners from the post of Trained Graduate Teachers to the Assistant Teachers, the reasonable opportunity of hearing has not been afforded to the respective petitioners. The impugned order is passed in breach of principles of natural justice, and therefore, on the said ground alone, said order deserves to be quashed and set aside.

5. In the similar fact situation, this Court in Writ Petition No. 217 of 2018 (Tatyaram S/o Dhanlal Kanade and others V/s The State of Maharashtra and others) and other connected Petitions, on 24th January, 2018 in paras 5 to 7 observed thus : '5. We have considered the rival submissions advanced by learned counsel appearing for the parties, and also perused the pleadings and grounds taken in the Petitions. Admittedly, before passing the impugned orders thereby reverting the petitioners from the post of Trained Graduate Teachers to the Assistant Teachers, the reasonable opportunity of hearing has not been afforded to the respective petitioners. The impugned orders are passed in breach of principles of natural justice, and therefore, on the said ground alone, said orders deserve to be quashed and set aside to the extent of petitioners in each Petition.

6. The Bombay High Court Bench at Goa in the case of Mrs. Kunda Santosh Kerkar alias Kunda Narayan Kerkar V/s Hon'ble Speaker, Goa Legislative Assembly and ors. (2016(5) Mah.L.J. 593) in similar facts situation observed that the impugned order in the said petition is passed without giving an opportunity of hearing to the petitioner therein, and accordingly, the said impugned order was quashed and set aside. In the facts of that case also the petitioner therein was promoted and thereafter, he was reverted to the original post of Junior Assistant with immediate effect. The said order was passed without hearing the petitioner therein, which came to be quashed on the ground of violation of principles of natural justice.

7. In the light of discussion herein above, the impugned orders dated 14th December, 2017 in respective Writ Petitions, passed by the Chief Executive Officer, Zilla Parishad, Beed are quashed and set aside to the extent of the petitioners. The Petitions are accordingly allowed. Rule made absolute in above terms. However, we make it clear that, we have quashed and set aside the impugned orders only on the ground of non-adherence to the principles of natural justice and not on any other ground. We further make it clear that, though we have allowed these Petitions, the same shall not be construed as an impediment to the concerned Respondent/ Respondents from passing an appropriate order/orders on merits of each case.'

6. Taking the same view and for the same reasons as stated in order dated 24th January, 2018 passed in Writ Petition No.217 of 2018 and other connected Writ Petitions, referred above, we pass the following order:

ORDER:

(i) The impugned order dated 15/21.11.2016 issued by the Respondent – Chief Executive Officer, Zilla Parishad, Aurangabad is quashed and set aside. The petition is accordingly allowed. Rule made absolute in above terms. However, we make it clear that, we have quashed and set aside the impugned order on the ground of non-adherence to the principles of natural justice and not on any other ground. We further make it clear that, though we have allowed this Petition, the same shall not be construed as an impediment to the concerned Respondent from passing an appropriate order on merits.

(ii) Other similarly situated teachers, whose names ar

Please Login To View The Full Judgment!

e mentioned in the impugned orders and who have not approached this Court, and the facts in their cases and the action taken against them, is identical, in that case, the decision taken in Writ Petition No.217 of 2018 and other connected Writ Petitions shall be made applicable and they are not required to file separate Petition/Petitions. The Chief Executive Officers shall take appropriate corrective steps/ measures even in the case of similarly situated employees, who have not approached to this Court, but their names have been shown in the impugned order.
O R