Ayyaz Ishaque Shaikh v. Hashmiyan Bahrul Faiz Social Welfare Association Through Chairman/Secretary And ORS

1 37.1180.17 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1180 OF 2017 Ayyaz Ishaque Shaikh .....Petitioner V/s.

Hashmiyan Bahrul Faiz Social .....Respondent Welfare Association Mr. Laxman S. Deshmukh for the Petitioner Mr. Prasad B. Kulkarni for respondent no. 1 Mr. M. S. Mulla i/b Mr. I. M. Khairadi for respondent no. 2 Mr. S. L. Babar AGP for the State Mr. Shailendra Kanetkar for respondent no. 4 CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 8, 2019.

P.C.

Heard.

In view of change in recruitment policy, the learned counsel for the petitioner restricted the claim in the petition to the extent of back wages for a period from 01/10/2011 i.e. his date of termination till 17/05/2017, the date on which embargo was created on the right of petitioner to second employment.

2 37.1180.17 wp.doc In the wake of above, the counsel for respondent-management in response to the above submits that respondent-management shall submit a salary bill of the petitioner for the aforesaid period with the Education Officer within eight weeks from today. The Education Officer shall take decision on such bill, if so tendered within period of two months from the date of receipt of such bill. Education Officer shall be sensitive to the fact that respondent no. 4 is appointed by the respondent-management on the post which was occupied by the petitioner.

Needless to clarify that the petitioner has given up the claim qua the reinstatement in view of changed in recruitment policy. The petition is disposed of in the above terms. [NITIN W. SAMBRE, J.]