The High Court of Bombay disposed of a writ petition as infructuous, observing that the petitioner had left the respondent's service, making recovery of dues impossible as per the interim order's terms.
Petition dismissed as infructuous; notice of motion disposed of; rule discharged.
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6-wp-1367-2002
WRIT PETITION NO.1367 OF 2002 WITH NOTICE OF MOTION NO.161 OF 2003
Anjali N. Joshi
...Petitioner
vs.
The Registrar, SNDT College of Arts and SCB and Others
...Respondents
Mr. Mihir Desai, Senior Advocate a/w. Mr. V. Koprikar, for the Petitioner
Mr. A. Shaikh i/b. Rui Rodrigues, for Respondent Nos. 1 and 2.
CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.
DATE : OCTOBER 03, 2016
P.C.:
Petitioner has now left the job and is working in some other institute.
In the circumstances according to the learned senior counsel appearing for the Petitioner, this Petition may be disposed of as having been rendered infructuous. He further submits that in terms of the
interim order passed on 21st June, 2002 which was continued form
time to time, the Respondent was directed to continue the Petitioner
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6-wp-1367-2002
as full time lecturer and to pay her wages regularly. He submits that
in terms of the said order, the Petitioner was continued and was paid her wages as she was working for the post of full time lecturer and therefore the Respondent may not recover the said amount from the Petitioner after dismissal of this Petition.
Respondent as full time lecturer, it is not open for the Respondent to recover the amount from the Petitioner.
infructuous. Accordingly, the Notice of Motion also stands disposed of. Rule is discharged.
(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)
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1 issue framed by the court
Whether a writ petition regarding salary recovery becomes infructuous if the petitioner has left the job and is no longer the employee.
Anjali N. Joshi
The Registrar, SNDT College of Arts
Shantanu Kemkar
Makarand Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
