Vijay Jagannath Rathod v. The State Of Maharashtra And Others

194.19wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 194 OF 2019 Vijay s/o Jagannath Rathod, Age: 39 years, Occ: Service as Assistant Teacher, R/o. Banjara Colony, Khokadpura, Aurangabad, Dist. Aurangabad.

..PETITIONER

VERSUS

The State of Maharashtra Through its Secretary, School Education Department, Mantralaya, Mumbai-32 & ors ..RESPONDENTS Mr V.S. Panpatte, Advocate for petitioner;

Mr S.S. Dande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 8th JANUARY, 2019 ORAL ORDER :

After hearing learned Counsel for the petitioner and on perusal of the material placed on record, we find that neither respondent No.2 nor respondent No.3 is at fault, whereas the prayers namely prayer clause - B and C is in respect of

194.19wp (2) directions to these respondents.

2.

The documents placed on record show that it was head master i.e. respondent No.5 who was sitting idle for considerable long time in spite of representation of the petitioner and in spite of communication exchanged between respondent No.4 and respondent No.5 dated 2nd August, 2012. Perusal of the documents further show that the petitioner himself in his own signature submitted a salary bill to respondent No.3 on 19th November, 2018. 3.

Mr. Panpatte, learned Counsel for the petitioner prays for withdrawal of the petition, with liberty to avail other remedies against respondent Nos. 4 and 5 for claim of the petitioner.

4.

The writ petition is allowed to be withdrawn, with liberty as prayed.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe