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Bombay High CourtCP/5/2025dismissed

Smt. Rubina Pravin Ziyaul Mannan Khan v. Numan Nabil Mohammad Ilyas (Secretary, Millat Education Society Darwha) And Others

2025-01-15Hon'Ble Shri Justice Anil L. Pansare2 pages

2025:BHC-NAG:385 51-CP-5-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 5 OF 2025 (Smt. Rubina Pravin Ziyaul Vs. Mr. Numan Nabil Mohammd Ilyas, Secretary & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms R.G. Bajaj, Counsel for the petitioner.

.....

CORAM : ANIL L. PANSARE, J.

JANUARY 15, 2025 The petitioner has alleged willful disobedience of order dated 19/8/2019 passed by the School Tribunal, Amravati. This order was challenged before this Court in Writ Petition No. 7123/2019, and vide order dated 28/11/2024, the petition came to be dismissed. Thus, the order passed by the School Tribunal attained finality on 28/11/2024.

2] The School Tribunal had set aside the order of termination dated 10/11/2014 and directed the respondents to re-instate the petitioner within forty days with deemed continuation in service from 10/11/2014 for all service benefits, excluding all monetary benefits. The School Tribunal had passed consequential order to the extent that if the petitioner is not re-instated by the Management within forty days, then the petitioner would be entitled for full salary from the date of order. 3] In the present case, the order of the School Tribunal has attained finality on 28/11/2024. The petitioner has been re-instated in service on 16/12/2024,

51-CP-5-2025 i.e., within forty days of the order attaining finality. Therefore, the petitioner will not be entitled for any monetary relief.

4] That being so, I do not find that the petitioner can allege willful disobedience of the order. There is no merit in the petition. The petition is dismissed. No costs.

(ANIL L. PANSARE, J.) Sumit