Bombay High CourtWP/6243/2016dispossed offdismiss for default

Devendra S/O Ramdas Rahane And Another v. State Of Maharashtra, Thr. Secretary, Ministry Of Sports And Education, Mumbai And Others

2016-11-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP6243-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6243/2016 (DEVENDRA RAMDAS RAHANE & ANOTHER VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ram Karode, counsel for the petitioners. Shri S.P. Deshpande, Additional G.P. for the R-1 & 6. Shri R.G. Kavimandan, counsel for the R-4.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : NOVEMBER 29 , 2016.

By this writ petition, the petitioner nos.1 and 2 have sought a direction against the two different schools to permit them to join the services in the respective schools. There is a mis-joinder of causes of action as two petitioners have sought a direction against two different schools for permission to join in the schools. The learned counsel for the petitioners fairly states that the petitioner no.2 would file a separate petition against the concerned school and this petition may be considered as the petition filed by the petitioner no.1 only. Leave is granted to the petitioner no.2 to file a separate petition.

On a perusal of the affidavit-in-reply filed on behalf of the respondent no.4-School, it appears that the respondent no.4 is ready to permit the petitioner no.1 to join in the school. In view of the said statement, it is stated by the learned counsel for the petitioner that the grievance of the petitioner stands redressed.

WP6243-16 By accepting the statement made on behalf of the respondent no.4 that it would permit the petitioner no.1 to join the duties, we dispose of the writ petition by keeping the point in regard to the entitlement of the petitioner no.1 to the salary during which he was allegedly not permitted to join, open. No costs.

JUDGE JUDGE APTE