Bombay High Court Allows Writ Petition of Shikshan Sevaks Seeking Regularization of Services — Directs Consideration of Representations in Light of Government Resolutions and Previous Orders. The court directed the respondents to decide the petitioners' representations within four weeks, without expressing any opinion on merits.

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The petitioners, four individuals appointed as Shikshan Sevaks (education assistants) in schools run by respondent No.4 (Samta Shikshan Prasarak Mandal) and respondent No.5 (Milind Secondary and Higher Secondary Vidyalaya), filed a writ petition before the Bombay High Court, Aurangabad Bench. They sought regularization of their services and consequential benefits. The petitioners had made representations to the respondents, including the State of Maharashtra, the Deputy Director of Education, and the Education Officer, but these were not decided. The court noted that the petitioners were appointed as Shikshan Sevaks and were seeking regularization in light of Government Resolutions and earlier orders of the court. The respondents did not file any reply opposing the petition. The court, without expressing any opinion on the merits, directed the respondents to consider and decide the petitioners' representations within four weeks from the date of the order, in accordance with law, Government Resolutions, and earlier orders of the court. The writ petition was disposed of accordingly.

Headnote

A) Service Law - Regularization - Shikshan Sevak - Government Resolutions - Petitioners appointed as Shikshan Sevaks sought regularization - Court directed respondents to consider petitioners' representations in light of Government Resolutions and earlier orders of this Court - Held that the respondents must decide the representations within a stipulated time (Paras 1-5).

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Issue of Consideration

Whether the petitioners, appointed as Shikshan Sevaks, are entitled to regularization of their services and consequential benefits.

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Final Decision

The court directed the respondents to consider and decide the petitioners' representations within four weeks from the date of the order, in accordance with law, Government Resolutions, and earlier orders of this Court. The writ petition was disposed of.

Law Points

  • Regularization of service
  • Shikshan Sevak
  • Government Resolution
  • Education Department
  • Writ Petition
  • Consideration of representation
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Case Details

2018 LawText (BOM) (12) 13

Writ Petition No.372 of 2018

2018-12-19

Mr.V.S. Panpatte Advocate for Petitioners

Angad s/o Kishanrao Tandale, Jaishree D/o Anil Kadam, Rahul s/o Babruwahan Mane, Kasar Imrankhan Mehebubkhan

The State of Maharashtra, The Deputy Director of Education, Latur Division, The Education Officer (Secondary), Zilla Parishad, Latur, Samta Shikshan Prasarak Mandal, Latur, Milind Secondary and Higher Secondary Vidyalaya, Labour Colony, Latur

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Nature of Litigation

Writ Petition seeking regularization of services of Shikshan Sevaks.

Remedy Sought

Petitioners sought regularization of their services as Shikshan Sevaks and consequential benefits.

Filing Reason

Petitioners' representations for regularization were not decided by the respondents.

Issues

Whether the petitioners are entitled to regularization of their services as Shikshan Sevaks.

Submissions/Arguments

Petitioners submitted that they were appointed as Shikshan Sevaks and made representations for regularization, which were not decided.

Ratio Decidendi

The court held that the respondents must consider the petitioners' representations for regularization in light of Government Resolutions and earlier orders, without expressing any opinion on merits.

Judgment Excerpts

The petitioners are appointed as Shikshan Sevak and they have made representations to the respondents for regularization of their services. The respondents have not filed any reply opposing the petition. Without expressing any opinion on merits, the respondents are directed to consider and decide the representations of the petitioners within four weeks from today.

Procedural History

The petitioners filed Writ Petition No.372 of 2018 before the Bombay High Court, Aurangabad Bench, seeking regularization of their services. The court heard the matter and disposed of the petition with directions.

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