Dismissed
The President, Rajashri Shahu Shikshan Sanstha and Anr. v. Rajendra Maruti Patil and Ors.
Bombay HCWP/5708/2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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Digitally PRASHANTVILASRANE signed byPRASHANTVILAS RANEDate:2021.09.29 21:34:00 +0530
8wp5708-21.odt
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Pvr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5708 OF 2021
The President, Rajashri.Shahu Shikshan
Sanstha & Anr.
Vs.
… Petitioners
Rajendra Maruti Patil & Ors.… Respondents
Mr.Sudhir C. Halli, for the Petitioners.
Mr.P. P. Kakade, Government Pleader with Mr.C.D.Mali, AGP for the
State.
CORAM : G.S. KULKARNI, J.
DATE : 27 September, 2021
P.C.:
Challenge in this petition is to an order dated 5 January 2019 passed by the learned Presiding Officer, School Tribunal, Kolhapur, whereby the appeal filed by respondent no.1 challenging the order of otherwise termination dated 22 November 2016 has been set aside, with a further direction to reinstate respondent no.1 to the original post with consequential benefits, seniority increment and continuity of service and with a direction of implementation of the said order within forty days from the date of the said order. However, the prayer for full back-wages was rejected.8wp5708-21.odt
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It is not in dispute that the petitioner-management has compliedwith the said order however with some initial resistance, inasmuch as
when respondent no.1 reported for duties on 14 February 2019, he was
prevented from joining on a specious ground that the petitioners were
taking steps to challenge the order passed by the tribunal. Ultimately on
26 April 2019, respondent no.1 was permitted to join the duties and on
the same day, a show cause notice-cum-suspension order came to be
issued in contemplation of an inquiry to be conducted.
Considering the above facts, once the management permitted respondent no.1 to join the duties, the challenge to the impugned order passed by the School tribunal interalia directing reinstatement of respondent no.1, no more survives. Thus the writ petition does not require any further adjudication.4. Disposed of in the above terms. No costs.
The President, Rajashri. Shahu Shikshan Sanstha
Rajendra Maruti Patil
G.S. Kulkarni
As recorded by the court registry
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