Bombay High CourtWP/697/2015disposed of

Mrs. Pranita U. Parab. v. The Principal, Shri Shantadurga Higher Secondary School, Bicholim And 2 ORS.,

2015-12-16F. M. Reis,Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 697 OF 2015 MRS. PRANITA U. PARAB.

... Petitioner

Versus

THE PRINCIPAL, SHRI SHANTADURGA HIGHER SECONDARY SCHOOL, BICHOLIM AND 2 ORS., ... Respondents Mr. Devidas J. Pangam, Advocate for the Petitioner. Mr. P.A. Kamat, Advocate for Respondent No.1. Mr. V.A. Lawande, Advocate for Respondent No.2. Mr. V. Rodrigues, Additional Government Advocate for Respondent No.3.

Coram:- F. M. REIS & C. V. BHADANG, JJ.

Date:- 16th December, 2015 ORAL ORDER:

Heard Mr. D. Pangam, the learned Counsel appearing for the petitioner, Mr. P.A. Kamat, the learned Counsel appearing for respondent no.1, Mr. V.A. Lawande, learned Counsel appearing for respondent no.2 and Mr. V. Rodrigues, learned Additional Government Advocate appearing for respondent no.3.

2. Upon hearing the learned Counsel appearing for the respective parties, the short point which arises is whether the petitioner is entitled to claim leave and LTC based on the application dated 23/09/2013. There were rival contentions advanced by the respective parties disputing the right of the petitioner to claim such leave and

WP/697/2015 LTC, as according to Mr. P.A. Kamat, learned Counsel appearing for respondent no.1, the petitioner is not entitled as he has not obtained the requisite permission prior to proceeding for such leave and LTC. But, however, it was pointed out by Mr. V. Rodrigues, the learned Additional Government Advocate for respondent no.3 that this aspect would have to be decided by the Managing Committee represented by Mr. V. Lawande, learned Counsel appearing for respondent no.2, in accordance with law.

3. Mr. V.A. Lawande, the learned Counsel appearing for respondent no.2, upon instructions, states that respondent no.2 shall proceed to examine such application dated 23/09/2013 as well as the representation dated 28/11/2013 in accordance with law.

4. Accepting the said statement of Mr. V.A. Lawande, learned Counsel appearing for respondent no.2 that such application and the representation filed by the petitioner would be examined in accordance with law within one month from today, we find that nothing survives in the above petition. Petition stands accordingly disposed of. All contentions of the parties are left open. C. V. BHADANG, J.

F. M. REIS, J.