Bombay High CourtCAW/202/2017ca disposed off

Dnyanopasak Mandir Shikshan Sanstha, Brahmapuri Thr.President Shri Babanrao Thakare And Another v. Dodku Vithal Pagadpalliwar And Another

2017-01-24Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw202.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.202/2017 IN WRIT PETITION NO.197/2017 Dnyanopasak Mandir Shikshan Sanstha and another ..Vs..

Dodku Vithal Pagadpalliwar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 24.1.2017.

Heard Shri S. Zia Qazi, Advocate for the applicants / petitioners.

For the reasons stated in the application and as notice of petition is yet to be issued, the petitioners are permitted to amend the petition as prayed for. The civil application is allowed. No costs.

WRIT PETITION NO.197/2017 Shri S.Zia Qazi, Advocate for the petitioners has pointed out the communication issued by the Deputy Director of Education on 15th October, 2003 by which the proposal seeking approval to the appointment of 4 Shikshan Sevaks including the petitioner was rejected. This document shows that the proposal seeking approval to the appointment of petitioner was rejected on the ground that the Roster was not got certified from the

2 caw202.17 Backward Cell and the appointment was not as per Rules. The learned Advocate has submitted that the respondent No.1 / employee suppressed this document and as the Tribunal proceeded against the petitioners ex parte without giving them notice of appeal, this document could not be placed on record of the Tribunal. Notice, returnable on 12th April, 2017.

By an ad-interim order, the effect, operation and execution of impugned order is stayed until further orders.

Shri Neeraj R. Patil, A.G.P. waives notice for the respondent No.2.

JUDGE Tambaskar.