Vibha S Rai vs Deputy Director Of Education And 4 ...
2021 Latest Caselaw 17390 Bom

                                                             23_WP759_21.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION
                       WRIT PETITION NO.759 OF 2021
Vibha S. Rai                                           ...      Petitioner
Vs.
Deputy Director of Education and others                ...      Respondents


Mr. Chetan Mali for Petitioner.
Mr. Kedar Dighe, AGP for Respondent Nos.1 to 3.
Mr. Shaikh Nasir Masin i/b. M/s. Mannadiar & Co. for Respondent
Nos.4 and 5.

                                    CORAM : R. D. DHANUKA &
                                            R. N. LADDHA, JJ.

                                    DATE     : DECEMBER 10, 2021

P.C. :-

Mr. Shaikh, learned counsel for respondent Nos.4 and 5 states that his clients have already filed Writ Petition No.8046 of 2021 on the Appellate Side against the judgment of the School Tribunal, Mumbai in Appeal No.08 of 2019 which was decided in favour of the petitioner herein, and the same is pending. Though the circulation was granted for 29.11.2021, the matter did not appear before the learned Single Judge.

2. His clients would once again apply for circulation before the learned Single Judge shortly. Statement is accepted.

3. Affidavit in reply shall be filed by respondent Nos.4 and 5 within two weeks from today, with a copy to be served upon the petitioners' advocate as well as learned AGP simultaneously. Rejoinder, if any, shall be filed within one week thereafter.

4. Place this matter on Board for 'admission' on 25.01.2022.

5. If respondent Nos.4 and 5 do not obtain any stay in the writ

23_WP759_21.doc

petition filed before the learned Single Judge before the next date, no further adjournment will be granted and the hearing of this petition would be proceeded with.

6. It is made clear that by this order, we have not precluded the School Tribunal to proceed with the pending application filed by the petitioner for enforcement of the order passed by the School Tribunal for payment of salary out of the grant-in-aid to be made available to respondent Nos.4 and 5 by the State Government.

(R. N. LADDHA, J.)                               (R. D. DHANUKA, J.)




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