Mahadeo Gunda Vasolkar v. State Of Maharashtra Through Its Secretary And ORS

(6)ASWP4459.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4459 OF 2015 Mahadeo Gunda Vasolkar ... Petitioner Vs 1 State of Maharashtra & Ors.

... Respondents Ms. Tejasvini Bhamare i/b R.K. Mendadkar for the Petitioner. Mrs. Rupali Shinde, AGP, for the Respondent-State. CORAM : S.C. DHARMADHIKARI & M.S. KARNIK , JJ.

WEDNESDAY, 6TH FEBRUARY, 2019 P.C. :

Heard Mr. Mendadkar appearing for the petitioner. Perused the petition. Prayer clause (a) reads as under: "(a) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other writ, order or direction in the nature of mandamus thereby directing the Respondent No.2 Education Society to protect the services of the petitioner in the light of judgments of the Full Bench of this Hon'ble Court, Bench at Nagpur in the case of Arun Sonene vs. State of Maharashtra reported in 2015(1) Mh. L.J, 457."

SRP 1/2

(6)ASWP4459.15.doc The judgment of this Court in the case of Arun Sonene vs. State of Maharashtra reported in (2015) 1 Mah. LJ, 457, is expressly overruled and reversed by the Hon'ble Supreme Court in the case of Chairman & Managing Director, Food Corporation of India vs. Jagdish Balaram Bahira & Ors. reported in 2017 (8) SCC 670. Once the relief is founded on the Full Bench judgment of this Court which is no longer good law, then, the issue raised in the writ petition does not survive. No relief can be granted in terms of the prayers of this writ petition. The writ petition is misconceived and is dismissed.

M.S. KARNIK, J.

S.C. DHARMADHIKARI, J.

SRP 2/2