Nabira Mahavidyalaya And Junior College Through Vice-President Shri. Niranjan M. Raut And Another v. Vinod Daulatrao Madankar And Another

91. WP 4305 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4305/2019 Nabira Mahavidyalaya and Junior College, Katol Through its Vice-President Shri Niranjan Mahadeo Raut and another ...Versus...

Vinod Daulatram Madankar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri P.S. Chawhan, Advocate for petitioners Shri S.B. Pande, Advocate for respondent no.1 Shri N.R. Patil, AGP for respondent no.2 CORAM : AVINASH G. GHAROTE, J.

DATE : 17/10/2022 1.

Heard learned counsels for the respective parties. The petition questions the judgment dated 16/02/2019 passed by the learned School Tribunal, whereby the delay of 109 days in filing the appeal has been condoned.

2.

Shri Chawhan, learned counsel for the petitioners submits that since the respondent no.1 is already gainfully employed somewhere else, the impugned judgment is not justified.

3.

This cannot be a ground to non-suit the respondent no.1 from his remedy of filing an appeal under

91. WP 4305 of 2019.odt Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. At the most, it can be used as a ground to claim dis-entitlement of the respondent no.1 to back wages in case the Court allows the appeal. In Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Ors., (2013) 12 SCC 649, the Court has held that approach towards delay should be liberal, considering which, I do not find any substance in the present writ petition. The same is accordingly dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR