Mangala Bhagwan Kulkarni v. Mrs.Meena Shendkar - Yadav, The Education Officer (Secondary) And ANR.

5-CP-412-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 412 OF 2018 Mangala Bhagwan Kulkarni

...Petitioner

Versus

Mrs. Meena Shendkar - Yadav & Anr.

...Respondents

---------- Mr. Sachin S. Punde for the Petitioner.

Mr. Vikas M. Mali, AGP for the Respondents.

---------- CORAM :

R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE :

4 August 2021 ORDER :

1.

Learned AGP states that the order dated 24th July 2017 passed by this Court directing the Education offcer to decide the representation of the Petitioner in accordance with law has been complied with.

2.

We have heard the learned Counsel for the Petitioner and also learned AGP. We have perused the order dated 18th December 2018 passed by the Education Offcer (Secondary), Zilla Parishad, Thane stating that there is no vacant post. The Petitioner thus cannot be absorbed. 1/2

5-CP-412-18.doc 3.

Mr. Punde the learned Counsel for the Petitioner states that the said order dated 18th December 2018 is not in compliance with the order passed by this Court directing the Education Offcer to dispose of the representation in accordance with law.

4.

The said representation is already decided by the Education Offcer by the said order in view of the information received from the Head Master of the School dated 26th October 2018 that there was no vacant post of music teacher in the said school. The Petitioner in her representation had prayed for absorption against vacancy of music teacher in any other school. Since there is no vacancy in any other school of a music teacher, the Petitioner has rightly been not absorbed. 5.

We do not fnd any wilful disobedience by the Education Offcer of the order passed by this Court or otherwise. The Contempt Petition is devoid of merit and is accordingly, dismissed. No order as to costs. [R.I. CHAGLA J.] [R.D. DHANUKA, J.] 2/2