Bombay High CourtWP/1776/1998dispossed offdismiss for default

Municipal Council, Rajura Thr.Its Chief Officer. v. State Of Mah. And Another.

2015-01-22Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

221wp1776.98

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1776 OF 1998 (Municipal Council, Rajura thr. Chief Officer vs. State of Maharashtra thr. its Secretary, Education Department & Anr.) 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 & A.P. BHANGALE, JJ.

JANUARY 22, 2015.

Nobody had appeared for the petitioner on 08.01.2015, however, after noticing the numbers of other writ petitions recorded on the papers, this Court has called for R. & P. thereof.

Writ Petition No. 800 of 1997 and Writ Petition No. 795 of 1997 are disposed of on 04.07.2011. There the challenge was to certain conditions which were incorporated in the order of appointment. In Writ Petition No. 137 of 1996, the petitioner in present writ petition was Respondent No. 3. Only first page of writ petition is preserved and prayer clauses are not available. However, from the orders passed on 06.04.2000, it appears that after taking note of the fact that duly selected candidates forwarded by Regular Selection Board have been appointed by the Municipal Council, this Court only looked into a prayer for releasing salary. It directed that if the salary was not

221wp1776.98 actually paid, the same be paid by 31.05.2000. On 23.01.2006, the said writ petition has been disposed of as withdrawn. Writ Petition No. 138 of 1996 has also been disposed of as withdrawn on 29.11.2005.

In this situation, in present writ petition, the prayer of the petitioner - Municipal Council is to direct the respondents to release grant for those School Teachers who are appointed by it on ad-hoc basis awaiting receipt of duly selected candidates. In the light of earlier orders, it appears that present challenge is also rendered infructuous. We accordingly dispose of the present writ petition as infructuous. Rule discharged. No order as to costs.

JUDGE JUDGE *GS.