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1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MCA No. 934/2011 in Writ Petition No. 458/2011
Bhagwant s/o Baburao Kadve Vs. Education Officer Secondary, Z.P. Wardha & another.
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Office Notes, Office Memorandum of Court's or Judges Order Coram appearances, Court's orders or directions & Registrar's orders.
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Mr. N. D. Khamborkar, Adv. for the petitioner. Mr. Deshpande, AGP for respondent no.1. Mr. B. G. Kulkarni, Adv. for respondent no.2.
CORAM : D.D.SINHA & A.P. BHANGALE, JJ. DATED : 15/12/2011.
Heard learned counsel for the petitioner. Perused the order.
Considering the facts involved in this petition, this Court in last paragraph of the order dated 4th February, 2011 has observed thus:-
“In the present petition, there is no averment that respondent no.2 was not the senior-most teacher in the concerned school and in absence thereof it is difficult for us to appreciate the contention canvassed by the learned counsel for the petitioner against the order of grant of approval, particularly in view of Rule 3 of the Rules of 1981. It is brought to the notice of this Court that the services of respondent no.2 has been terminated. Be that as it may, in any case, there is no case made out for showing indulgence. Writ Petition is dismissed.
2
In view of the observations made by this Court on the basis of facts involved in the petition, no case is made out for showing indulgence. Civil Application is dismissed.
JUDGE
JUDGE
Ambulkar.
2 issues framed by the court
Whether a case is made out for granting indulgence to correct a termination order against a subordinate teacher.
Whether lack of averment regarding seniority prevents appreciation of petitioner's contention.
Bhagwant s/o Baburao Kadve
Education Officer Secondary, Z.P. Wardha
Respondent no.2
D.D. Sinha
A.P. Bhangale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
