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Bombay High CourtWP/12934/2021disposed off

Anandibai Shikshan Prasarak Mandal Hotala Thr Its President Bhagwan Shamrao Pawar v. The State Of Maharashtra And Others

2021-11-25Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

12934.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO.12934 OF 2021 ANANDIBAI SHIKSHAN PRASARAK MANDAL HOTALA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.S.R.Kedar AGP for Respondent-State : Mr.S.G.Karlekar ...

CORAM : S.V.GANGAPURWALA & R.N.LADDHA, JJ.

DATE : 25.11.2021 P.C. :

1] The petitioner is challenging the order dated 10th August, 2021 to the extent of sanction granted by respondent no.3 to release and disburse 20% salary in favour of appointees.

2] Mr.Kedar, learned counsel for the petitioner submits that against the order dated 10th August, 2021 passed by the Deputy Director of Education, the petitioner preferred an appeal before the Director of Education. 3] In that event, if the petitioner has already availed another remedy, the Writ Petition for the same purpose would not be tenable and cannot be entertained.

12934.21WP 4] In view of that, the Writ Petition is disposed of. The petitioner is permitted to prosecute his appeal as may be permissible under law and in case the appeal is pending, the Appellate Court may take decision upon it expeditiously. Of course, the appellate Court is required to consider all the aspects of the matter.

5] In that event, all the contentions are kept open. No costs.

[R.N.LADDHA, J.] [S.V.GANGAPURWALA, J.] DDC