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Bombay High CourtWP/13945/2021disposed off

Sunil Laxmanrao Kadam v. The State Of Maharashtra And Others

2024-07-08Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:13607-DB 58.WP.13945.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13945 OF 2021 Sunil Laxmanrao Kadam ...

PETITIONER

VERSUS

1.

The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai.

2.

The Joint Director of Vocational Education and Training, Aurangabad Division, Aurangabad.

3.

Shri Bankat Swamy Shikshan Sanstha, Khadki Ghat, Taluka and District Beed, through its Secretary.

4.

The Headmaster, Mahatma Phule Ucchamadhyamik Vidyalaya, Pargaon, Taluka Washi, District Osmanabad.

...

RESPONDENTS ...

Advocate for the Petitioner : Mr. Kalyan Patil h/f. Mr. S.R. Mr. Barlinge AGP for Respondents: Mr. K.S. Patil Advocate for Respondent No.3 : Mr. S.R. Kolhare ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 08.07.2024 PER COURT:

We have heard both the sides.

2.

The petitioner initially was challenging the order of suspension and also solicited directions for payment of subsistence allowance and the salary.

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58.WP.13945.21.odt 3.

In the light of subsequent termination, which was set aside by the School Tribunal, the parties are ad idem that the petitioner has been reinstated and has been paid full back wages. They are also unanimous that the only aspect of passing specific order in the light of Rule 34 (4) of the Maharashtra Employees of Private Schools' (Conditions of Service) Rules, 1981 (the MEPS Rules) has remained to be complied with.

4.

Learned advocate Mr. Kolhare for the respondent No.3 Management, on instructions, submits that appropriate specific order in the light of Rule 34 (4) of the MEPS Rules would be passed within two weeks. We accept the statement as an undertaking to the Court. 5.

In the light of the above, nothing survives. The writ petition is disposed of.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2