Bombay High CourtCA/2583/2013disposed offdismissed for default

Gangadhar Ramling Kalyane v. B. D. Lohare And Others

2015-01-09Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2425 OF 2011 IN WRIT PETITION NO.1676 OF 2008 WITH CIVIL APPLICATION NO.2583 OF 2013 IN WRIT PETITION NO.1676 OF 2008 Gangadhar Ramling Kalyane.

..Applicant -VersusD.B.Lohare and others.

..Respondents ...........

Mr.Ajinkya Kale, Advocate h/f Mr.S.B.Talekar, Advocate for the Applicant. Mr.D.R.Korde, AGP, for the Respondent Nos.2, 3 and 5/State. Mr.V.D.Gunale, Advocate for the Respondent Nos.1 and 4. ...........

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 09th January, 2015 Per Court:

a) Civil Application No.2425/2011:

The Applicant prays for an early hearing in Writ Petition No.1676/2008.

Since the Writ Petitions instituted in the year 1989 and onwards are being taken by this Court for final hearing on every Thursday, this Writ Petition cannot be given any precedence over old matters.

*2* For the above stated reasons, the Civil Application No.2425/2011 is rejected. The Petitioner is at liberty to renew his request after six months.

b) Civil Application No.2583/2013:

The Applicant has been terminated as a teacher on 03.10.2006 after joining the Respondent/ Institute as a Full Time teacher for MCVC from 01.07.1994. The Appeal preferred by the Applicant being No.265/2006 has been dismissed by the School Tribunal by the judgment and order dated 19.11.2007. The said judgment is impugned in Writ Petition No.1676/2008.

By this Civil Application No.2583/2013, the Applicant prays for a direction for reinstatement against a vacant post of a Full Time teacher for MCVC, pending the hearing and final decision of this Writ Petition.

Since the Applicant contends that there is a vacant post of a Full Time teacher for MCVC and the Applicant is otherwise eligible, it is left to the Respondent Management to consider the application of the Applicant on it's own merits as an arrangement in the interregnum, till the

*3* hearing and final disposal of the Writ Petition. With these observations, the Civil Application No.2583/2013 is disposed of.

(RAVINDRA V. GHUGE, J.)