Deputy Commissioner, Kendriya Vidyalaya Sangathan, Powai, Mumbai And ORS v. Ms. Manjit Kaur, Trained Graduate Teacher (English), Kendriya Vidyalaya, Ambarnath

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13587 OF 2016 Deputy Commissioner, Kendriya Vidyalaya Sangathan and others.

...

Petitioners.

V/s.

Ms.Manjit Kaur.

...

Respondent.

Mrs.Neeta V. Masurkar for the petitioner.

Mr.Susheel Mahadeshwar i/b. Ms.Ranjana Todankar for the respondent.

CORAM :

A.S.OKA & SANDEEP K. SHINDE, JJ.

DATE :

27th November 2018.

P.C.:

Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. The challenge in this petition under Article 226 of the Constitution of India is to the order dated 8th July 2011 passed by the Maharashtra State Minorities Commission. In substance, the direction issued by the Minorities Commission was that the respondent should be allowed to withdraw her resignation and she should be allowed to continue in the employment.

2.

The learned counsel appearing for the respondent fairly pointed out the order dated 13th March 2013 passed by the Central Administrative Tribunal directing the Commissioner of Kendriya Vidyalaya Sangathan to consider the case of the respondent permitting her to withdraw her resignation. The learned counsel appearing for the

SKN 2/2 13587.16-wp.doc respondent states that he is not aware whether the said order is challenged. In view of the subsequent order of the Central Administrative Tribunal, it is obvious that now the impugned order cannot be implemented.

3.

As the impugned order cannot be implemented, now, we need not keep the petition pending.

4.

Accordingly, with the above observation, writ petition is disposed of. We also make it clear that we have made no adjudication on the legality and validity of the order dated 7/21st March 2014 passed by the Commissioner.

(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)