Hariharkhedaru Ram v. The State Of Maharashtra And ORS.

963-WPAS-3273-17.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3273 OF 2017 Mr. Harihar Khedaru Ram ..Petitioner

Versus

The State of Maharashtra, Through the Secretary, School Education, Mantralaya, Mumbai and others ..Respondents Mr. C. K. Thomas i/by C. K. Thomas & Associates, Advocate for the Petitioner.

Mr. C. P. Yadav, AGP for Respondent No.1.

Mr. Prashant Kamble i/by A. S. Rao, Advocate for Respondent No.2. Mr. A. G. Kothari, Advocate for Respondent Nos.3 and 4. CORAM: B. R. GAVAI & MANISH PITALE, JJ.

DATE: 8th DECEMBER, 2017 P.C.:- 1] Rule. Rule is made returnable forthwith. Respondents waive service. Heard by consent of parties.

2] Parties have amicably settled the matter and placed on record minutes of the order. The same are taken on record and marked "X" for the purpose of identification.

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963-WPAS-3273-17.sxw 3] Rule is made absolute in terms of minutes of the order. 4] No doubt that Respondent Nos.1, 2 and 5 are not signatories to the said Consent Terms. However, taking into consideration that Respondent No.3 is a recognized School on grant-in-aid basis and since the Petitioner was working against the sanctioned post, we are of the considered view that even if the Rule is made absolute in terms of the Consent Terms arrived at between the Petitioner on one hand and Respondent Nos.3 and 4 on the other hand, no additional burden would be put on the public exchequer.

5] As such, we direct that Respondent Nos. 1, 2 and 5 shall take necessary steps to give effect to the aforesaid order. (MANISH PITALE, J. ) (B. R. GAVAI, J. ) 2/2