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2019 DIGILAW 1313 (BOM)

Manoj Mahaguji Bhaisare v. Education Officer (Primary) Zilla Parishad

2019-06-04

S.M.MODAK, SUNIL B.SHUKRE

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JUDGMENT : Sunil B. Shukre, J. Heard. Rule. Rule made returnable forthwith by consent of the learned counsel for the parties. 2. The issue involved in these petitions is about who amongst High School Teachers be declared as surplus, whether a junior most or the senior most in the seniority list. According to the learned counsel for the petitioners, the Government Resolution dated 12th May, 2011 is not applicable and it is the subsequent Government Resolutions issued in the years 2015 and 2017 read with Rule 27 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 which would be applicable to the case of the petitioners. Even otherwise, it is the submission of the petitioners that as a fundamental principle of rule of law, the last come has to first quit and therefore, it would be the junior most entering in the services who would have been declared surplus first. 2. Learned counsel for the petitioners has also placed reliance upon the view taken by the Division Bench in Writ Petition No. 2395 of 2017 decided on 14th February, 2018 that for declaring surplus amongst the High School Teachers, the rule of choosing junior most High School Teacher in the seniority list would have to be followed. 3. It appears to us that these issues had not been appropriately considered by the respondents. We are also of the view that if any representation is made to the respondents by the petitioners articulating these grievances and submissions, an appropriate decision would have to be taken by the respondents, thereupon. Accordingly, we are of the view that parties to this petition be given a liberty to make suitable representation to the respondents for redressal of their grievances. 4. Accordingly, liberty is granted to the petitioners to make suitable representation to the respondents and if within a period of one week from the date of the order, if such representation is made, we direct the respondents to decide the same, in accordance with law on or before 26th June, 2019. The writ petition is disposed of in above terms. Rule accordingly. No order as to costs.