Raju Haribhau Thombe, Assistant Teacher, Working At Rokadobanath Vidyalaya v. Sudam Marutrao Bhapkar, Secretary Of Shri Bhairavnath Shikshan Mandal

Digitally signed by NITIN DINKAR JAGTAP Date:

2021.08.26 10:34:55 +0530 NITIN DINKAR JAGTAP PA-Nitin Jagtap 1 / 2 35-CP-141-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 141 OF 2021 IN LETTERS PATENT APPEAL NO. 356 OF 2011 IN WRIT PETITION NO. 1020 OF 2002 Raju Haribhau Thombe, Assistant Teacher working at Rokadobanath Vidyalaya ...

Petitioner

Versus

Sudam Marutrao Bhapkar, Secretary of Shri Bhairavnath Shikshan Mandal & Ors.

...

Respondents Mr.Dilip Bodake i/b. Ms.Ashwini N. Bandiwadekar for the Petitioner. Mr.V.R.Kumbhar for Respondent Nos. 1 to 5.

Mr.V.M.Mali, AGP for Respondent No. 6 State.

CORAM : S.J. KATHAWALLA, & MILIND N. JADHAV, JJ.

DATE : 25TH AUGUST, 2021 P.C. :

1.

The learned Advocate appearing for the Petitioner has in the above Contempt Petition raised a grievance that Sub Clause (iii) of the operative part of the

PA-Nitin Jagtap 2 / 2 35-CP-141-2021.doc Order dated 27th August, 2019 is not complied with by the Respondents. 2.

The operative part of the order dated 27th August, 2019 passed by this Court is reproduced hereunder :

"(i) The direction for setting aside the order of termination and consequential reinstatement with continuity in service is confirmed.

(ii) He would be entitled to 50% back wages for the intervening period.

(iii) Entire period would however be counted as continuous for all other purposes such as pay fixation and qualifying service for pension."

3.

The learned Advocate appearing for the Respondent Nos. 1 to 5 on instructions states that Respondent Nos. 1 to 5 will comply with Clause (iii) of the operative part of said Order in its entirety. The statement is accepted as an undertaking given to the Court.

4.

In view thereof, the Contempt Petition is disposed off. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )