Mrs. Jayshree Madhav Kulkarni v. Shri. Ashok Vaijnath Kulkarni And ORS.

Sherla V.

caw.1564.2014_909.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1564 OF 2014 IN WRIT PETITION NO.1347 OF 2010 Mrs.Jayashree Madhav Kulkarni ... Applicant

IN THE MATTER BETWEEN

Shri Ashok Vaijnath Kulkarni ... Petitioner Vs.

The State of Maharashtra & ors.

... Respondents Ms.Suhasini Mutalik for the Applicant Mr.N.V. Bandiwadekar for Petitioner Mr.C.P. Yadav, Assistant Government Pleader, Respondent Nos.1 & 2 Mr.V.K. Bodhare i/b A.M. Joshi for Resp. No.3 CORAM: SMT. VASANTI A. NAIK & SHRI C.V. BHADANG, JJ.

DATE: 24th FEBRUARY, 2015 P.C.:

Heard.

On hearing the learned Counsel for the parties and on perusal of the orders passed by this Court in the writ petition from time to time, as also the documents annexed to the application, it appears that the prayers made in prayer clauses (b) and (c) of the application, cannot be granted. In the circumstances of the case, a direction cannot be issued to the respondent No.4 to remove the original petitioner from the post of 1 / 2

caw.1564.2014_909.doc headmaster during the pendency of the writ petition. Since the matter relates to promotion, a fixed date of hearing also cannot be granted as the writ petition is filed in 2010 and several other writ petitions filed 20 years earlier are still pending.

In view of the aforesaid, the civil application stands disposed of. (C.V. BHADANG, J.) (VASANTI A. NAIK, J.) 2 / 2