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Bombay High CourtCP/115/2017disposed off

Shri Dilip Laxman Karande v. Shri Ashok Narayanrao More, Secretary And ORS

2024-02-20Hon'Ble Shri Justice Amit Borkar2 pages

55-cp-115-2017.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.115 OF 2017 IN WRIT PETITION NO.11605 OF 2016 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.02.20 17:36:40 +0530 SHABNOOR AYUB PATHAN Dilip Laxman Karande ... Petitioner V/s.

Ashok Narayanrao More, Secretary & Ors ... Respondents Mr. Vinayak Kumbhar i/by Mr. Mandar G. Bagkar, for Petitioner.

Mrs. V. S. Nimbhalkar, AGP, for State/Respondent No.4. Mr. Abhijit P. Kulkarni a/w Mr. Gaurav Shahane a/w Mr. Krushna Jaybhay and Ms. Sweta Shah, for Respondent Nos.1 to 3.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 20, 2024 P.C.:

1.

The petitioner alleges willful disobedience of the order dated 9 December 2016. By the said order, this Court refused to grant stay to the order dated 8 July 2016 passed by the School Tribunal. The School Tribunal directed the management to reinstate the petitioner in service with full back wages and consequential benefits along with continuity of service.

55-cp-115-2017.doc 2.

According to the petitioner, during pendency of the writ petition, the Education Officer has granted approval to the petitioner's post i.e. Shikshan Sevak instead of Assistant Teacher. According to him, therefore, order passed by the Education Officer is in breach of the order of this Court in its letter and spirit. 3.

The remedy of the petitioner is to seek appropriate relief before the appropriate forum in relation to the said illegality. The contempt petition, therefore, need not be proceeded with. The contempt petition is, therefore, dismissed. No costs. (AMIT BORKAR, J.)