MATOSHREE SEVABHAVI SANSTHA Vs. RAJENDRA BHAUSAHEB BURKE

JUDGEMENT

(1.) These petitions involve similar questions of fact and law and hence, by consent of both sides, all the petitions are taken up for final hearing at the stage of admission and decided by common judgment.

(2.) Petitioner is a society registered under Maharashtra Public Trust Act. Contesting Respondents have raised issue about their termination before the authorities prescribed by Government Resolution dtd. 3/10/2017. Details in each petition are recorded as under :-

(3.) These petitions take exception to the orders passed by the Minister essentially on the ground that adjudicatory forum creates the Government Resolution dtd. 3/10/2017 i.e. execute order is unconstitutional. It is the case of the Petitioner that in view of the law settled by the Hon'ble Supreme Court in case of Secretary A.P.D. Jain Pathshala Vs. Shivaji Bhagwat More, (2011) 13 SCC 99, the adjudicating authorities cannot be created by executive order and it can be created only by Statute. Reference is also made to the judgment of Division Bench of this Court in case of Swati Shivaji Lawhare vs. State of Maharashtra & others in Writ Petition No. 940/2018 wherein the Division Bench has held that remedy of appeal in view of Government Resolution dtd. 3/10/2017 is not available to the teaching or non-teaching staff. Apart from this, it is the grievance of the petitioner that the Minister, without hearing the Petitioner, has passed the impugned orders and that the said orders have been passed on sympathetic ground and in contradiction to the settled provisions of law by the High Court and Supreme Court from time to time in respect of regularisation of service of the employees.