Mulla Abbas Bashumiya v. Gangadhar Mahamne And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 419 OF 2017 IN WRIT PETITION NO. 4261 OF 2015 Mulla Abbas Basumiya, Age: 40 years, Occ: Service, R/o. Kunhali, Tq. Omerga, District Osmanabad ..PETITIONER

VERSUS

1.

Mr Gangadhar Mahamne, Age: Major, Occ: Service, Director of Education, Maharashtra State, Pune.

2.

Mr Sudhakar Telang, Age: Major, Occ: Service, Deputy Director of Education, Latur Division,Latur.

3.

Mr. A.S. Ukirde, Age: Major, Occ: Service Education Officer, Zilla Parishad, Osmanabad ..RESPONDENTS Mr A.V. Indrale Patil, Advocate for petitioner; Mr A.R. Kale, A.G.P. for respondent/State;

CORAM : PRASANNA B. VARALE & MANISH PITALE,JJ.

DATE : 24th AUGUST, 2018 ORAL ORDER :

Heard learned Counsel appearing for the

(2) petitioner and learned A.G.P. for respondent Nos.2 and 3.

2.

Perusal of the order dated 3rd August, 2017 shows that notice was issued by this Court to respondent Nos. 2 and 3. Perused the order of this Court dated 20th October, 2016 in Writ Petition NO. 4261 of 2015.

3.

The grievance of the petitioner before this Court was, non grant approval to the petitioner. Considering the grievance raised in the petition, the Division Bench of this Court was pleased to pass order and direct respondent No.3 to grant approval to the appointment of the petitioner. It was also directed that the petitioner be placed in the list of surplus candidates and accordingly, the order be passed absorbing the petitioner as per his seniority. It was made clear that the petitioner shall be entitled for salary from the date of the petitioner is absorbed in service.

The petition was accordingly disposed of. The grievance of the petitioner is, non compliance of the above referred

(3) order.

4.

Today, learned A.G.P. placed on record the communication dated 17th March, 2018 received by him. The said communication states that the petitioner is not only granted approval but he is also absorbed in a school namely Bhaurao Kate Madhyamik Vidyalaya, Pathrud, Taluka Bhoom, District Osmanabad. The copies of these communications are placed on record. These are of dated 3rd March, 2018 and 17th March, 2018.

5.

Mr Patil, learned Counsel appearing for the petitioner submits that he has also received oral instructions from the petitioner that there is compliance of the order of this Court.

6.

In view of these facts and in view of the fact that the grievance of the petitioner is redressed and order of this Court is complied, nothing remains in the contempt petition. The contempt petition is accordingly disposed of. (MANISH PITALE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe