Full Text
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10177 OF 2017
1. Dhobe Santosh Kisan residing At & Post: SRPF Group No.1, Vrundavan Police Vasahat, Bramhputra, E-12, Rantekadi, Pune.
2. Smt. Kand Rajashree Tukaram residing at Serve No.34/1, Chandannagar, Kharadi Road, Near Old Saibaba Temple, Pune-411014.
3. Smt. Asha Balasaheb Deshmukh residing At & Post: Rahu, Taluka: Daund, District: Pune
4. Smt. Katore Madhuri Jalindar residing At- Pradhanwasti
& Post-Aambale, Taluka: Shirur, District: Pune- 412211.
5. Smt. Dawkhar Jayashri Ashok, residing At- Bhagadi & Post-Pargaon, (Vai-Narayangaon) Taluka: Aambegaon, District: Pune-410504.
6. Smt. Tarde Suvarna Paraji residing At & Post: Khanapur, (Pune Panshet Road), Ashtavinayak Bldg., Opp. Kanade Kadaba Patti, Taluka: Haveli, Pune-411 025.
7. Shri Dhere Narendra Vijay residing At & Post: Pandare, Taluka:Baramati, District: Pune-413110 ….. Petitioners
1. The Chief Executive Officer, Zilla Parishad, Pune.
2. The Chief Executive Officer, Satara Zilla Parishad, Satara.
3. The Chief Executive Officer, Raigad Zilla Parishad, Raigad
4. The State of Maharashtra, Through the Secretary
Department of Rural Development, Mantralaya, Mumbai 400 032 ….. Respondents
Mr. Saurabh Pakale i/b Mr. S. M. Katkar for the Petitioner.
Ms. Kanchan Phatak i/b Mr. Nitin P. Deshpande for Respondent
No.1.
Mrs. P. N. Diwan, AGP for Respondent No.4.
DATED : 16 MARCH 2022
JUDGMENT
2. Rule. Rule made returnable forthwith by consent of the parties. Parties are present before the Court.
3. The presence of Respondent Nos.[2] and 3 is really not necessary as the appointment orders by Pune Zilla Parishad have already been issued.
4. So far as Petitioner Nos.1-Dhobe Santosh Kisan, 3- Smt. Asha Balasaheb Deshmukh and 6-Smt. Tarde Suvarna Paraji are concerned, during pendency of this petition, posting orders have been issued to each of them. Their Petition no longer survives and is disposed of accordingly.
5. About remaining Petitioner Nos. 2-Smt. Kand Rajashree Tukaram, 4-Smt. Katore Madhuri Jalindar, 5-Smt. Dawkhar Jayashri Ashok and 7-Dhere Narendra Vijay it is necessary that the Petition is heard and finally decided.
6. On going through the appointment orders issued to these Petitioners which are at page Nos.27, 29, 30 and 32 respectively, it can clearly be seen that the Petitioner Nos.2, 4, 5 and 7 though have been given a particular appointment as Assistant Primary Teacher, these Petitioners have not been issued any posting orders. In a case involving similar facts the Division Bench of this Court in its judgment in case of Lilabai Vasant Talekar vs. The Chief Executive Officer, Zilla Parishad, Pune dated 3/3/2015 had directed Zilla Parishad, Pune to absorb the Petitioner in one of its school on same terms and conditions on which the Petitioner was found to be then working in Ratnagiri Zilla Parishad. Similar direction can also be issued in the present case, the facts being similar.
7. The Petition of the Petitioners Nos. 2-Smt. Kand Rajashree Tukaram, 4-Smt. Katore Madhuri Jalindar, 5-Smt. Dawkhar Jayashri Ashok and 7-Dhere Narendra Vijay is therefore allowed in terms of prayer clause (a). Posting orders shall be issued and transfers effected accordingly within a period of 6 weeks from the date of receipt of a copy of this judgment by Respondent Nos.[1] and 2.
8. Rule is made absolute in the above terms. No costs. (G. A. SANAP, J.) (SUNIL B. SHUKRE, J.)