Abhijit S/O Gulabrao Lokhande v. State Of Maharashtra, School Education And Sports Dept. Thr. Secretary, Mumbai And Others

40-WP 2876-191/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2876 OF 2019 PETITIONER :- Abhijit Gulabrao Lokhande,aged 30 yrs, Occup.Nil, R/o Mangaldham, Mangrulpir, Dist.Washim.

...VERSUS...

RESPONDENTS :-

1. State of Maharashtra, School Education and Sports Department Through its Secretary, Mantralaya, Mumbai.

2. Deputy Director of Education, Amravati Division, Amravati.

3. Municipal Council, Mangrulpir Dist.

Washim, through its Chief officer.

-------------------------------------------------------------------------------------------- Mr.P.S.Tiwari, counsel for petitioner.

Mr. K.L.Dharmadhikari, Addl.G.P for respondent Nos.1 and 2. Mr.P. P. Deshmukh, counsel for respondent No.3. --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL L. PANSARE, JJ.

DATE : 01.12.

.

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) Heard.

Kavita

40-WP 2876-192/2 2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 3.

It is not in dispute that the facts being identical, the issue involved in this writ petition is squarely covered by a view taken by this Court in Writ Petition No.2839 of 2017 decided on 13.02.2018. We, therefore, allow the present petition. The impugned order is hereby quashed and set aside. The respondents are directed to reinstate the petitioner in service with continuity of service within two weeks. The petitioner would not be entitled to arrears of salary for the period for which he was not in service, though the benefits flowing from continuity of service would be available to him.

Rule is made absolute in the above terms. No costs. JUDGE JUDGE Kavita Signed By:KAVITA PRAVIN TAYADE P. A.