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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2264 OF 2016
Shishu Vikas Education Society,
through its Secretary and Chief
Executive Officer Shri Chandrakant
Devnath Gohane, 11/18 (Akikar),
Chitnis Nagar Layout, Bairamji Town,
Nagpur. .... PETITIONER
VERSUS
1) Education Officer (Secondary),
Zilla Parishad, Nagpur.
2) Sunil s/o Tulsiram Gire,
C/o Shishu Vikas Madhyamik
Vidyalaya, Killa Road, Mahal,
Nagpur. .... RESPONDENTS
______________________________________________________________
Shri A.S. Kilor, Advocate for the petitioner,
Ms. S.Z. Haider, A.G.P. for the respondent No.1,
Shri B.G. Kulkarni, Advocate with Shri V.N. Patre, Advocate for the
respondent No.2.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 10 APRIL, 2017.
th ORAL JUDGMENT :
Heard Shri A.S. Kilor, Advocate for the petitioner, Ms. S.Z. Haider, Assistant Government Pleader for the respondent No.1 ::: Uploaded on - 11/04/2017 ::: Downloaded on - 12/04/2017 01:03:23 ::: 2 wp2264.16 and Shri B.G. Kulkarni, Advocate for the respondent No.2.
2. Rule. Rule made returnable forthwith.
3. The learned Advocates for the respective parties and the learned Assistant Government Pleader appearing for the Education Officer state that the same points were raised by the Management in Writ Petition No.3729/2016 (Shishu Vikas Education Society and another V/s. Prabhakar Gulabrao Alone and others) and Writ Petition No.4119/2016 (Shishu Vikas Education Society and another V/s. Ku. Vidya Dudhram Ghodke and others) in which the orders passed by the School Tribunal in case of other employees were challenged. It is submitted that this Court accepted the submission made on behalf of the Management, set aside the orders passed by the Tribunal and remanded the matters to the School Tribunal for fresh decision. The learned Advocates for the Management and the employee submitted that similar order may be passed in this writ petition.
Hence, the following order :
(i) The order passed by the School Tribunal in Appeal No. STN-83/2012 on 30-01-2016 is set aside. ::: Uploaded on - 11/04/2017 ::: Downloaded on - 12/04/2017 01:03:23 :::
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(ii) The matter is remanded to the School Tribunal, Nagpur
for fresh decision.
(iii) The petitioner and the respondent/employee shall appear
before the School Tribunal, Nagpur on 15-04-2017 at 11-00 a.m. and abide by further orders/instructions in the matter.
(iv) The representative of Eduction Officer (Secondary), Zilla Parishad, Nagpur shall also appear before the School Tribunal, Nagpur on the same date.
(v) The School Tribunal shall dispose the appeal till 29-09-2017.
The writ petition is allowed in the above terms. In the circumstances, the parties to bear their own costs.
JUDGE adgokar ::: Uploaded on - 11/04/2017 ::: Downloaded on - 12/04/2017 01:03:23 :::