Balkrishna Waman Zambre v. Siddheshwar Shikshan Sanstha And ANR.

ppn 1 1.rpw-167.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.167 OF 2018 IN WRIT PETITION NO.4470 OF 2015 Balkrishna Waman Zambre .. Review Petitioner In the matter between Siddheshwar Shikshan Sanstha & Anr.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents --- Mr.Sunil Dighe I/by Mr.Nilesh M. Wable for the review petitioner. Mr.R.P.Pujari, AGP for the respondent nos.1 to 3. Mr.Prashant Bhavake for the original petitioners. --- CORAM : R.D. DHANUKA, J.

DATE : 3rd December 2018 P.C.:

.

By consent of parties, it is clarified that by an order and judgment dated 2nd May 2016 passed by this Court in Writ Petition No.4470 of 2015, this Court has set aside the orders dated 15th September, 2012 and 15th October, 2012 granting individual approval to the appointment of respondent nos. 4 to 8 herein including the original respondent no.7 granting approval to the promotion granted to the review petitioner to the post of junior clerk and has not set aside the approval granted to the original appointment to the post of Laboratory Attendant.

2.

It is also clarified by consent of parties that the directions issued by this Court in paragraph 142 (b) of the said order and judgment directing the Respondent nos.4 to 8 including the review petitioner to

ppn 2 1.rpw-167.18.doc refund to the State Government all the financial benefits like salary etc. obtained by them is only in respect of such benefits earned by the review petitioner on the promotional post of the Junior Clerk and not the original post of Laboratory Attendant.

3.

Hearing of Appeal Nos.20 of 2016 and 1 of 2017 filed by the review petitioner before the School Tribunal, Kolhapur are expedited. Both the parties are directed to co-operate with each other and with the School Tribunal to decide these two appeals expeditiously and not later than six months from the date of communication of this order.

4.

In view of aforesaid clarification, Mr.Dighe, learned counsel for the review petitioner seeks liberty to withdraw this review petition. Review petition is dismissed as withdrawn in view of the aforesaid clarification. No order as to costs.

R.D. DHANUKA, J.