← Library
Bombay High CourtCAW/818/2016admittedallwdgrantedrule absolute

Smt.Pushpa Wd/O Chhabilal Ramteke v. The State Of Maharashtra Through Its Secretary, Education Department, Mumbai And Others

2016-04-07Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (W) No.818 of 2016 In Writ Petition No.2945 of 2001 (D) (Smt. Pushpa Ramteke v The State of Maharashtra, thr its Secretary, Education Department, Mantralaya, Mumbai and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri Y.B. Mandpe, Advocate for applicant/petitioner. Shri M.P. Lala, Advocate for resp.nos.4 and 5.] CORAM : A.B. CHAUDHARI & P.N. DESHMUKH, JJ.

DATED : 07.04.2016.

Heard the learned Counsel for the rival parties.

Shri Lala, the learned Counsel appearing for the respondent nos. 4 and 5 vehemently opposes the application on the ground that there is inordinate delay in filing this application.

However, we find that in paragraph no.6 in operative part (B) of the judgment of the School Tribunal it has been quoted that the impugned order dated 19/23/-12-1991 issued by the Management

reducing the appellant in rank is hereby set aside . Obviously, the Tribunal has mentioned the reduction in rank to be illegal. However in paragraph no.8 of the judgment of this Court the word 'not' from the sentence in line no.3 is that 'In our opinion, the action of the respondent-Management in reducing the rank of the petitioner has 'not' been found to be wrong and illegal' which is totally inconsistent with the entire body of the judgment of this Court as well as the operative part of our judgment and order.

In that view of the matter, we are of the opinion that the word 'not'

from the sentence in paragraph no.8 in line no.3 i.e. 'In our opinion, the action of the respondent-Management in reducing the rank of the petitioner has 'not' been found to be wrong and

illegal' is required to be deleted.

Civil Appreciation (W) No.818 of 2016 is allowed and disposed of.

The necessary corrections be carried out accordingly.

JUDGE JUDGE Deshmukh