Dhondiram Kerba Jadhav v. Pandurang Tukaram Sirse And ORS.

DSS 7-wp-8111-2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8111 OF 2010 Dhondiram K. Jadhav .. Petitioner vs.

Pandurang T. Sirse & ors.

.. Respondents Mr. Sandeep Dhuri a/w. Kishor Kamble for the Petitioner. Mr. Tanaji Mahatugade for Respondent No.1.

CORAM : M. S. SONAK, J.

DATE : 2 MARCH, 2015 P.C. :- 1] This petition challenges the order dated 27 September 2010 made by the School Tribunal, by which the appeal instituted by respondent No.1 was allowed and the petitioner's promotion was set aside.

2] Learned counsel for the petitioner now points out that in pursuance of the impugned order dated 27 September 2010, respondent No.1 was promoted to the post of Headmaster. However, the respondent No.1 has retired upon attaining the age of superannuation.

3] Accordingly, there is no reason to interfere with the impugned order at this stage. The case of the petitioner for further promotion is directed to be considered by the respondent Nos.2 to 4, in accordance with law and within a period of six weeks from today. 4] It is made clear that this Court has not examined the merits of the matter. Accordingly, respondent Nos.2 to 4 to consider the case 1/2

DSS 7-wp-8111-2010 of the petitioner in accordance with law, without being influenced either by the impugned order dated 27 September 2010 or the circumstance that no further orders are being made in the present petition.

5] With the aforesaid observations, this petition is disposed of. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2