Assanchand Jain v. Director, Veermata Jijibai Technological Institute, Matunga And ORS

1 of 2 RB.05.CAW.2813.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2813 OF 2014 IN WRIT PETITION NO.253 OF 2012 Assanchand Jain Applicant versus The Director, VJTI, Mumbai and others Respondents Mr.I.R.Joshi i/by O.Joshi for Applicant.

Mr.V.Mali, AGP, for Respondents 3 and 4.

Mr.A.M.Kulkarni for Respondent no.1.

Mr.A.Shaikh i/by Rui A. Rodrigues for Respondent no.2. CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATE :

8th December 2016 PC :

1.

Heard learned counsel for parties on civil application. In the civil application, the Applicant-Writ Petitioner has prayed to allow him to continue on the same post of Lecturer on which he was working prior to his superannuation.

2.

Having heard learned counsel for parties, we are of the view that grant of relief as claimed in the civil application, would amount to grant of final relief. In the circumstances, in view of catena of judgments of Supreme Court, we are of the view that relief of such a

2 of 2 RB.05.CAW.2813.2014 nature cannot be granted. Accordingly, Civil Application No.2813 of 2014 is rejected. However, keeping in view the fact that Petitioner is a senior citizen, we direct the registry to list the writ petition for final hearing on 16th January 2017.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST