Bombay High CourtCA/1011/2015admittedallowedgrantedrule absolute

Bhagwat Santabuwa Puri v. The State Of Maharashtra And Others

2015-02-03Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 ca 1011.15 in wp 6104.05.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CIVIL APPELLATE JURISDICTION.

Civil Application No.1011 Of 2015.

In Writ Petition No.6104 Of 2005.

Bhagwat s/o Santabuwa Puri.

VERSUS

The State of Maharashtra & Ors.

...

Appearance => Mr. Sachin Randive, Advocate for the Applicant. Mr. V.H. Dighe, Additional Public Prosecutor for the State of Maharashtra.

Mr. D.J. Chaudhari, Advocate for Respondent No.2. Mr. B.B. Bhise, Advocate for Respondent No.4.

CORAM

V.M. DESHPANDE, J.

DATE :

3rd FEBRUARY, 2015.

Per Court :- This is an application, moved by the applicant - petitioner for early hearing of Writ Petition No.6104 Of 2005. [2] The applicant who was working as Teacher with Respondent No.2- Chhatrapati Shikshan Sanstha, Adas, Tal. Kaij, Dist. Beed was terminated from his services, requiring him to prefer statutory appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. ( In short, M.E.P.S. Act, 1977

2/2 ca 1011.15 in wp 6104.05.sxw and M.E.P.S. Rules, 1981.) before the learned Presiding Officer, School Tribunal, who has dismissed the said Appeal. Thus, it is clear that, present applicant / original Petitioner is out of employment since 14th November, 1994.

[3] A person who is out of employment since the year 1994 is surely entitled for early hearing of his matter. [4] Further according to the learned counsel for the applicant - petitioner, this court [ Coram : S.V. Gangapurwala, J.] vide order dated 28th February, 2014 had fixed this matter for final hearing in the week commencing from 4th August, 2014.

[5] Looking to the aspect that, the applicant is out of employment since the year 1994, he is entitled for early hearing of Writ Petition No.6104 Of 2005. Present Civil Application is allowed. Fix Writ Petition No.6104 Of 2005 for final hearing on 12th March, 2015. (V.M. DESHPANDE, J.)