The President Yaswnat Shkishan Sanstha And ORS v. Smt. Sarika Ramesh Patil And ORS

10-wp-1074-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1074 OF 2023 The President, Yashwanat Shikshan Sanstha, Sangli & Ors ... Petitioners V/s.

Sarika Ramesh Patil & Ors ... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2023.12.20 18:42:46 +0530 SHABNOOR AYUB PATHAN Mr. Gajanan M. Savagave, for Petitioners.

Mrs. S. S. Bhande, AGP, for State-Respondents.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 20, 2023 P.C.:

1.

The School Tribunal by order dated 24 February 2016 allowed appeal of respondents and directed the management to reinstate the appellant to his original post with consequential benefits, seniority increment and continuity of service. 2.

By the impugned order, the Executing Court has directed the management to comply with the order of School Tribunal. 3.

The Executing Court rejected the application of management to appoint respondent No.1 on non-grantable course for the subject of Hindi.

4.

According to the respondent, she was appointed on grantable post; therefore, unless the Superior Court set aside order

10-wp-1074-2023.doc of School Tribunal, the Executing Court is within its right to pass order of enforcement or order of School Tribunal. Therefore, there is no legal infirmity in the order.

5.

The writ petition is dismissed. No costs.

(AMIT BORKAR, J.)