Shri. Kumbhar Tanaji Kallappa v. President, Siddharth Charitable Trust And ORS

Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.839 OF 2023 WITH WRIT PETITION NO.8584 OF 2011 Shri. Kumbhar Tanaji Kallappa ...Applicant In the matter between L President, Siddharth Charitable ...Old Petitioners Trust & Anr.

V/s.

The State of Maharashtra & Anr.

...Respondents

Mr. Nagesh Y. Chavan for Petitioner in WP.

Ms. Tanvi Phatak i/by Mr. Sachin Hande for Applicant in IA and for Respondent No. 3 in WP.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

22nd August 2023 P.C.:

1.

The Applicant who is the original Respondent No.3, has filed this Interim Application seeking a peremptory date for final hearing and for early disposal of Writ Petition Nos. 8584 of 2011 and 9756 of 2011.

2.

The impugned orders in the Writ Petition is order dated 8th July 2011 in Appeal No. 192/2000 and 71/2008 passed by

learned Presiding Officer, School Tribunal, Kolhapur. By the impugned order, termination order dated 11th August 2018 of Respondent No.3 was set aside and he was directed to be reinstated on his original post with 50% back-wages from the date of termination i.e. from 11th August 2008 till the date of order and with full back-wages till his actual reinstatement from the date of that order.

3.

By order dated 22nd February 2012, Writ Petition Nos. 9756 of 2011 and 8584 of 2011 were admitted and stay was granted only with respect to the direction regarding payment of back-wages by the learned Tribunal.

4.

It appears that the Letters Patent Appeal No. 73 of 2012 was filed challenging said order of learned Single Judge dated 22nd February 2012 and said Appeal was dismissed. However, the Division Bench in paragraph 4 has observed that considering the facts and circumstances of the case, the learned Single Judge may try and dispose of the Writ Petition expeditiously and preferably within a period of six months. Accordingly, the hearing of Writ Petition Nos. 8584 of 2011 and 9756 of 2011 are expedited and both the Writ Petitions are directed to be placed on the final hearing board commencing from 11th September 2023.

5.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)