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Bombay High CourtWP/12715/2018disposed off

Shri. Shivprasad Sukhdeoprasad Sharma And ANR. v. Nehru Shikshan Sanstha Through Its President And ORS.

2019-02-26Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice S.C. Dharmadhikari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12715 OF 2018 1 Shri Shivprasad Sukhdeoprasad Sharma & Anr.

... Petitioners Vs 1 Nehru Shikshan Sanstha & Ors.

... Respondents Mr. Ramesh Sawant i/b Mr. S.V. Pitre for the Petitioners. Ms. Manjiri S. Parasnis for the Respondent No.1. Mrs. Rupali Shinde, AGP, for the Respondent Nos.4 & 5-State. WITH WRIT PETITION NO. 2178 OF 2019 Nehru Shikshan Sanstha, Pune ... Petitioner Vs 1 The State of Maharashtra & Ors.

... Respondents Ms. Manjiri S. Parasnis for the Petitioner.

Mrs. Rupali Shinde, AGP, for the Respondent No.1-State. Mr. Ramesh Sawant i/b S.V. Pitre for the Respondent Nos.6 & 7. CORAM : S.C. DHARMADHIKARI & M.S. KARNIK , JJ.

TUESDAY, 26TH FEBRUARY, 2019 P.C. :

After these petitions were argued for some time, particularly the writ petition filed by the Management, being Writ SRP 1/3

Petition No. 2178 of 2019, on instructions, Ms. Parasnis says that the Management will comply with the directions issued by the Director of Education (Secondary), Maharashtra State, Pune and re-transfer the petitioners in the companion petition being Writ Petition No. 12715 of 2018 - Shivprasad Sukhdeoprasad Sharma and Bhimrao Jotiram Ghadge to the Gora Kumbhar High School and Junior College of Commerce, Pashan, Pune 411021. The orders to that effect will be issued within one week is the further statement made by Ms. Parasnis.

On receipt of these orders, the two individual teachers named above shall resume their duties at the above school. They shall report before the Headmaster who will allow them to sign the Muster Roll by inserting the names of these teachers in the said Roll. As soon as the Headmaster certifies that these two teachers have resumed duties at this school, the School Management, namely, Nehru Shikshan Sanstha and the respondent - Education Officer (Secondary), Pune Zilla Parisad, Pune, will carry out the necessary entries and endorsements in the records and release the salary grant so as to include the salary and with admissible pay-scales to the above petitioners / SRP 2/3

teachers. Thereafter, these teachers would be considered to be on the Roll of Gora Kumbhar High School and Junior College of Commerce.

Since the statements made by Ms. Parasnis are accepted as undertakings to this Court and thereafter incidental and consequential directions have been issued, Writ Petition No. 12715 of 2018 does not survive and is disposed of. However, it is clarified that the statements made by Ms. Parasnis, on instructions, and accepted as undertakings are without prejudice to the rights and contentions of the Management in the accompanying Writ Petition No. 2178 of 2019. Writ Petition No.2178 of 2019 shall be listed for admission as per its turn.

M.S. KARNIK, J.

S.C. DHARMADHIKARI, J.

SRP 3/3