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Bombay High CourtWP/3569/2005disposed offdismissed for default

Sanjay Jagannath Jadhav v. State Of Mah And ORS

2016-10-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3569 OF 2005 Sanjay S/o Jagannath Jadhav Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.Sanjay Kolhare, advocate for the petitioner absent.

Mr.M.B.Bharaswadkar, A.G.P. for the State.

Mr.S.P.Brahme, advocate for Respondent Nos.2 and 3. CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 20.10.2016.

PER COURT :

1.

On 15.9.2016, when the matter was called out, none appeared for the petitioner. However, in the interest of justice, the matter was adjourned. Today also when the matter is called out, none appears for the petitioner. Mr.Brahme, learned counsel for Respondent Nos.2 and 3 and learned A.G.P. present. 2.

The petitioner claims arrears of salary from 16.6.1999 to 24.6.2004 as per Rule 7 and Schedule E appended to the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981. It is the contention of the petitioner that the petitioner was appointed as Assistant Teacher after following due procedure

of law. Pursuant to an advertisement the petitioner applied and was selected. The petitioner came to be terminated in June 2004. It is the case of the petitioner that during the said period, the salary is not paid to the petitioner.

3.

Mr.Brahme, learned counsel for Respondent Nos.2 and 3 submits that subsequently the matter is settled between the parties. The petitioner is re-employed and has waived his alleged claim for the years 1999-2004.

4.

In light of that, nothing survives for adjudication. Rule discharged. No costs.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.20.10.2016.

asp/office/wp3569.05