Bombay High CourtWP/2740/2018dispossed offdismiss for default

Ramesh S/O Keshavrao Suryavanshi v. Bhartiya Buddha Dhamma Dyan Vidyalaya Shakha, Nagpur Thr. Its President Bhikkhu Mahapanth And Other

2020-02-05Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1 wp2740.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2740/2018 Ramesh K. Suryavanshi ..VS..

Bhartiya Budda Dhamma Dyan Vidyalaya Shakha, Nagpur & ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Kalpana Pathak, Advocate for the petitioner Shri B.H. Shambharkar, Advocate for the respondent nos. 1 and 2 Shri A.A. Madiwale, AGP for the respondent no. 3 Shri A.M. Ghare, Advocate for the respondent no. 4 CORAM : N.B. SURYAWANSHI, J.

DATED : 05/02/2020 1] The petitioner is working in the respondent no. 2 - College, run by the respondent no. 1. By this petition, the petitioner challenges the judgment of the School Tribunal in Appeal STN No. 93/1995 by which the Tribunal allowed the appeal and set aside the termination order of the respondent no. 4.

2] The said decision of the School Tribunal was also challenged by the respondent no. 1 and 2 by filing W.P. No. 2798/2018, wherein the present petitioner is party respondent no. 3.

3] When this petition was filed, there was only one post available with the respondent nos. 1 and 2. The petitioner apprehended that if the petition filed by the management i.e. W.P. No. 2798/2018 is dismissed, then the respondent no. 4 in the present petition will have to be reinstated on the only post available and the petitioner's

2 wp2740.18 service will be in jeopardy. Hence, the petitioner filed the present petition.

4] It is informed at the bar that subsequently two sanctioned posts were available. The petitioner is working on one post and the respondent no. 4 on his reinstatement is working on the other. W.P. No. 2798/2018 is dismissed. 5] In the light of the above, this petition is rendered infructuous and the same is accordingly disposed of as infructuous.

JUDGE ANSARI