Shri. Rashtriya Shikshan Sanstha, Through Its Secretary, Shri Amrut Ingle And Another v. State Of Maharashtra, Thr. Secretary, Department Of Education, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [O] NO. 1314/2018 IN M.C.A.ST.NO. 10085/2018 IN WRIT PETITION NO. 200/2018.

Shri Rashtriya Shikshan Sanstha and another.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : SEPTEMBER 14, 2018.

Heard Shri G.G. Bade, learned Counsel for the applicants and Ms. K.R. Deshpande, learned A.G.P. for non-applicant nos. 1 to 3.

2.

In Misc. Civil Application, review of orders dated 16.01.2018, disposing of Writ Petition No.200/2018, is sought. Submission is, one Ramesh Tanbaji Lade has filed Writ Petition No. 7418/2018 for same relief and that Writ Petition is still pending. Directions issued by this Court on 16.01.2018 in Writ Petition No.200/2018, may prejudice to Writ Petition

No. 7418/2017 and interest of Ramesh Tanbaji Lade. 3.

Learned A.G.P. appearing for nonapplicant nos. 1 to 3, submits that this Court has not issued notice on prayer for condonation of delay or on review. However, the review is sought not by petitioner Ramesh Lade, but, by his employer. She points out that pendency of Writ Petition No. 7418/2017 or its likely effect on claim of Raju Bawanthade, can be pointed out by the Management to Education Department.

4.

Writ Petition No.200/2018, filed by Raju Bawanthade is disposed of by order dated 16.01.2018 with direction to department to verify the entitlement of petitioner for up-gradation as full time Librarian. All this exercise is to be considered after perusal of the records which are in the custody of the present review applicants only. Review applicants therefore, can always point out pendency of Writ Petition No. 7418/2017 and the department can consider its impact on entitlement or eligibility of petitioner in Writ Petition No.200/2018.

5.

We therefore, find that no case for review is made out. As such we are not inclined to issue

notice even on prayer for condonation of delay. Accordingly, upholding the preliminary objection raised by the learned A.G.P., we reject the present Application. Consequently, Misc. Civil Application is also rejected. No cost.

JUDGE JUDGE Rgd.