Saraswati Shikshan Santha,Nagpur Through Its Trustee And Secretary, Shri Sudamji Kakpure And Anothe v. The Education Officer (Primary), Zilla Parishad, Nagpur And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5016/2015 Saraswati Shikshan Sanstha, Nagpur through its Trustee and Secretary Shri Sudamji Kakpure and others ...Versus...

The Education Officer (Primary), Zilla Parishad, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Joshi, Advocate for petitioners Mrs. I.L. Bodade, Advocate for respondent no.1 Shri N.S. Khubalkar, AGP for respondent no.2 Shri S.S. Kamdi, Advocate for respondent no.4 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 13.10.2015 Heard.

The learned Counsel for the respondent - Zilla Parishad fairly states that the issue involved in this case is answered in favour of the petitioner by the judgment dated 9.10.2015 in W.P. No.4769/2015. It is fairly stated that in almost identical set of facts, this Court has allowed the writ petition and quashed and set aside the order of cancellation of approval.

In view of the statement made on behalf of the respondent - Zilla Parishad and on a perusal of the order dated 9.10.2015 in W.P. No.4769/2015, we allow this writ petition. The impugned order dated 23.7.2015 is quashed and set aside. The respondents should pay the arrears of salary of the petitioner, if not paid within a reasonable time.

Order accordingly. No costs.

JUDGE JUDGE Wadkar