S S Maniyar Law College Jalgaon And ORS v. Pravinkumar Hari Choudhary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4088 OF 1999 (Khandesh College Education Society, Jalgaon and another Vs. Grievance Committee of the North Maharashtra University, Jalgaon and five others) AND WRIT PETITION NO. 4494 OF 1999 (Praveenkumar s/o Hari Choudhary Vs. The State of Maharashtra and others) AND WRIT PETITION NO. 1550 OF 2001 (S.S. Maniyar Law College, Jalgaon and others Vs. Pravinkumar Hari Choudhary and others) ---- Mr. K.C. Sant, Advocate for the Petitioner in writ petition No.4494/1999 and for respondent No.3 in writ petition No. 4088/1999 Mr.V.D. Hon, Senior Advocate instructed by Mr. A.V. Hon, Advocate for the petitioner in writ petition Nos. 4088/1999 and 1550/2001 and for respondent Nos.5 and 6 in writ petition No. 4494/1999 Mr. Ajay Talhar, Advocate for respondent No. 1 in writ petition No. 1550/2001 ---- CORAM : SUNIL P. DESHMUKH AND SANGITRAO S. PATIL, JJ.

DATE : 6th NOVEMBER, 2017 ORAL ORDER :

Heard learned counsel for the parties.

2.

Writ petition No. 4088 of 1999 has been moved by the Management of the college challenging order

passed by the Grievances Committee. Writ petition No. 4494 of 1999 has been moved by petitioner therein - Praveenkumar Hari Chaudhary, seeking implementation of order dated 15th December, 1998 passed by the Grievances Committee of North Maharashtra University directing regularisation of services of petitioner and to give to him time and opportunity to acquire required educational qualifications and further to pay to him salary payable from 1998 and to give additional charge of the post of Librarian to him.

3.

Writ petition No. 1550 of 2001 has been preferred by the Management against reinstatement order passed by the University and College Tribunal upon termination of services of petitioner in writ petition No. 4494 of 1999 - Mr. Praveen Hari Chaudhary. The reinstatement order had been made subject to decision in aforesaid two writ petitions.

4.

Learned counsel for the parties concur on that petitioner in writ petition No.4494 of 1999 had been working pursuant to order passed by the University and College Tribunal.

5.

In the interregnum, petitioner in writ petition

No. 4494 of 1999 was found to have been rendered surplus and further that he has been absorbed in regular employment in some other Institution. It further transpires that the aforesaid order of absorption had been subject matter of challenge in writ petition No. 1481 of 2017 at the instance of aforesaid petitioner and the same had been withdrawn, as per order dated 05.10.2017. Accordingly, said petitioner has started working in the other institution.

6.

In view of aforesaid, learned counsel further concur on that writ petitions No. 4494 of 1999 and 4088 of 1999 do not carry purpose underlying those forward. 7.

It appears that petitioner had been working till 2017 in S.S. Maniyar Law College, Jalgaon and has been subsequently absorbed in some other institution. 8.

Parties resile to emerging situation and concur on that in view of the events taking place as referred to above, no further orders are required to be passed in writ petition No. 1550 of 2001, as their grievances stand substantially redressed without requiring any alteration in the prevailing position.

9.

As such, all three writ petitions are disposed of.

10.

At this stage, Mr. K.C. Sant, learned counsel for petitioner in writ petition No. 4494 of 1999, submits that petitioner has some monetary claims. It is for the petitioner to prefer appropriate recourse in regard to the same.

11.

In view of disposal of writ petitions, all pending civil applications do not survive and stand disposed of.

[SANGITRAO S. PATIL] [SUNIL P. DESHMUKH] JUDGE JUDGE npj/wp4088-1999+