Bombay High CourtWP/4678/2014dispossed offdismiss for default

Shri Lalitkumar Isanji Desai v. Deputy Director Of Education, Nagpur Division, Nagpur And 2 Others

2015-03-11Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

113wp4678.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION No.4678 of 2014 (Lalitkumar Isanji Desai .vs. Deputy Director of Education and Ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.P.N.Shende, Adv. for the petitioner.

Mr.D.M.Kale, A.G.P. for respondent no.1.

Mr.M.P.Khajanchi, Adv. for respondent nos. 2 and 3. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ.

DATE : 11.3.2015.

Heard.

Perused the communication dt.12.12.2014 by which the Deputy Director of Education has called upon respondent no.3/management to cure the lacunae pointed out therein. The reply-affidavit filed by the said respondent mentions that, if those lacunae are rectified, the proposal for grant of approval to the service of petitioner can be processed. Mr.P.N.Shende, learned Counsel for the petitioner submits that the management is ready and willing to remove the lacunae, if any. The learned Counsel further states that the petitioner is not receiving any salary since about one year.

The learned A.G.P. is relying upon the above mentioned communication dt.12.12.2014.

The School in which the petitioner is working is receiving grant-in-aid and hence, the data which the Deputy

113wp4678.14 Director of Education is demanding is available with the department itself. In this situation, though we find it not necessary, we permit respondent no.3 to supply the required data again to respondent no.1 within six weeks from today. Respondent no.1, thereafter, shall consider the proposal on its own merits as per law within next six weeks. If necessary, an opportunity of hearing shall be given to the petitioner as also respondent no.3/management. With these directions, we dispose of the petition. No costs.

JUDGE JUDGE jaiswal