1 WP.1374.06
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1374 OF 2006.
Dnyaneshwar s/o Netram Raut,
aged 31 years, Occupation : Nil,
R/o At and Post Itan, Tahsil
Lakhandur, Distt. Bhandara. ..... PETITIONER.
....Versus....
1] The Education Officer (Secondary),
Zilla Parishad, Bhandara,
2] The Deputy Director of Education,
Nagpur Region, Nagpur,
3] Bhartiya Shikshan Sanstha,
through its President,
Lakhandur, Tahsil Lakhandur,
Dist. Bhandara,
4] Shivaji Vidyalaya, Itan,
through its Head Master,
Itan, Tahsil Lakhandur,
District Bhandara,
5] Shri H.B. Raut, Junior Clerk,
Shivaji Vidyalaya, Itan,
Tahsil Lakhandur,
District Bhandara,
6] State of Maharashtra, through
its Secretary, Education Deptt,
Mantralaya, Mumbai-32. ...... RESPONDENTS.
None for petitioner.
Mr. I.J. Damle, Assistant Government Pleader for the respondent nos.
1, 2 & 6.
Mr. N.M. Jibhkate, Advocate for respondent nos. 3 & 4.
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2 WP.1374.06
CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.
DATED : DECEMBER 15, 2017.
B.P. DHARMADHIKARI
ORAL JUDGMENT (PER , J.)
1] Nobody has appeared for petitioner yesterday though
matter was passed over. There was no appearance for petitioner
even on 11.9.2012. Thereafter, when matter was listed on 5.1.2015 petitioner sought adjournment.
2] Mr. I.J. Damle, learned Assistant Government Pleader for the respondent nos. 1, 2 & 6, is relying upon reply affidavit to submit that because of ban on recruitment then in force, prayer of petitioner for grant of compassionate employment could not be considered. He further adds that it is basically for management to provide such employment.
3] Mr. Jibhkate, learned Counsel appears for respondent nos. 3 & 4. He is seeking time to make a definite statement. However, he informs that as per instructions last communicated to him orally, petitioner is already employed on compassionate basis and is today in employment.
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3 WP.1374.06
4] In this situation, we are not inclined to adjourn the matter
further. Matter has been called out on several occasions by this
Court and has been adjourned as is apparent from order-sheet. 5] If petitioner is already in employment, we direct respondents not to discontinue his services merely because this Writ Petition is disposed of.
6] As we find that grievance of petitioner is already redressed, with liberty to him to approach again if any cause of action arises and with direction to respondents not to disturb his employment only because present Writ Petition is disposed of, we partly allow Writ Petition and dispose it of. No costs.
JUDGE. JUDGE.
J.
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