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Bombay High CourtWP/2387/2013disposed off

Shri. Bhushan Uttam Tayade v. Deccan Education Society, Pune, Through Secretary And ORS

2019-02-05Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

914-WP.2387.2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2387 OF 2013 Shri Bhushan Uttam Tayade } Petitioner versus Deccan Education Society, } Pune and Ors.

} Respondents Mr.V.N.Tayade for the petitioner.

Mr.Kiran Bapat with Mr.Manish Kelkar and Mr.Pralhad D. Paranjape for respondent no. 1.

Ms.S.D.Vyas-'B' Panel Counsel for State.

Mr.Roop Basu I/b. M/s. The Law Point for respondent no. 4.

CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.

DATE :- FEBRUARY 5, 2019 P.C. :- 1.

The additional affidavit of the petitioner is taken on record. On perusal of this affidavit, it is evident that in the light of the subsequent developments, the challenge in this petition is rendered infructuous.

2.

Today, a petition and substantively filed by Deccan Education Society, being Writ Petition No. 10713 of 2017 is pending before this court as is evident from the order dated 11th J.V.Salunke,P.S.

914-WP.2387.2013.doc December, 2017. In that writ petition, the first respondent is the petitioner herein. The petitioner before us and the first respondent therein can urge all contentions in relation to his claim for back wages and also seek a relief that not only is the Management guilty of terminating him, but also having found that the termination is unlawful and illegal, if the approval order is upheld by this court, he should be awarded full back wages. That would also include the salary for the period he worked, which was not released and disbursed to him, i.e. from 2010 to 2013. All contentions in that behalf and of both sides are open to be agitated in this petition of the Management.

3.

In the light of the pendency of Writ Petition No.10713 of 2017 and in view of the subsequent developments, this writ petition is disposed of as infructuous.

(M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,P.S.