The Director Of Social Welfare v. S.B.Kedare

Prs 1 912 wp 5388-01-c

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5388 OF 2001 The Director of Social Welfare ... Petitioner

Versus

Smt. Shakuntala Bapurao Kedare ... Respondent --- Ms.M.S.Bane, 'B' Panel counsel, Addl. Government Pleader for the State.

Mr.N.V.Bandiwadekar, Advocate for the Respondent. --- CORAM : P.R.BORA, J.

DATE : 16th FEBRUARY, 2017.

P.C. :

The learned Additional Government Pleader seeks time stating that the file of the present matter is not traceable in the Additional Government Pleader's office. However, with the assistance of the learned counsel for the Respondent when the record is perused by this Court, it is revealed that after filing of the Petition though interim relief was sought, the same was refused vide Order passed by this Court on 1st February, 2002. It is further revealed that the said order was challenged by the Petitioner by filing the Letters Patent Appeal No. 357 of 2004, however, the same was dismissed on 9th August, 2004. priya

Prs 2 912 wp 5388-01-c The learned Counsel for the Respondent submits that in pursuance of the order passed by the Industrial Court the Respondent was reinstated in the service. The learned counsel further submitted that as directed by this Court vide Order passed on 1st February, 2002 the amount of 50% back-wages was deposited by the Petitioner in this Court and the said amount was permitted to be withdrawn by the Respondent. The learned counsel further submits that the Respondent has retired from the service after attaining the age of superannuation. Considering the fact as aforesaid, it appears to me that now it will only be a matter of academic discussion. In the circumstances, leaving all the contentions raised in the petition open to be agitated in any other appropriate proceedings, the Writ Petition stands disposed of, without any order as to the costs.

(P.R.BORA, J.) priya