Parasharam Shankarrao Jadhav v. The Administrator Prathamik Shikshan Samiti Municipal Corporation Kolhapur And ORS

Shivgan 1/2 27-WP-12367-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12367 OF 2022 Parasharam Shankarrao Jadhav President, Jaibharat Shikshan Sanstha .....Petitioner V/s.

The Administrator, Prathamik Shikshan Samiti and Ors.

....Respondents ----- Mr. Dhairyasheel Sutar i/by Mr. Vivek Patil, Advocates for the Petitioner.

Smt. M.S.Srivastava, AGP for the respondent-State. Mr. S.S.Pakale i/by S.M.Katkar for Respondent No.3. CORAM : SANDEEP K. SHINDE, J.

DATED : 20TH OCTOBER, 2022.

P.C. :

1.

Heard learned counsel for the Parties.

2.

Mr. Sanjay Mahadeo Patil was appointed as 'Assistant Teacher' on 29th June, 1995 and eventually promoted as 'HeadMaster' on 1st July, 2016. His services were terminated on 6th December, 2021 purportedly under Section 10(1) of the Maharashtra Employees of Private School (Condition of Service) Regulation Act, 1977 ('MEPS Act' for short). Whereafter, Mr. Sanjay Mahadeo Patil filed, an appeal before the School Tribunal, Kolhapur. Pending appeal, Presiding Officer vide order

Shivgan 2/2 27-WP-12367-22 dated 6th September, 2022 stayed the operation of the termination order and directed Petitioners, to continue service of Sanjay Mahadeo Patil, till disposal of the appeal. Feeling aggrieved by the said order, this Petition is preferred. 3.

Learned counsel for the Petitioner, on instructions, makes a statement that the Petitioner shall withdraw the termination order dated 6th December, 2021. Statement is accepted. However, Petitioners are at liberty to take disciplinary action against Shri Sanjay Mahadeo Patil in accordance with law. 4.

In view of above, no interference is called for in the impugned order. In consequence thereof, Petition and Appeal No.32 of 2021 pending before the School Tribunal, Kolhapur stand disposed of.

(SANDEEP K. SHINDE, J.)