Laxman Maruti Raut vs Ajabrao Shriram Jadhao, The ...
2021 Latest Caselaw 567 Bom

                                          1                                   110121cp3.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           : NAGPUR BENCH : NAGPUR.

                          CONTEMPT PETITION No. 03 OF 2021
                                         IN
                          WRIT PETITION NO. 3330 OF 2019 (D)
                         LAXMAN MARUTI RAUT
                              VERSUS
AJABRAO SHRIRAM JADHAO, PRESIDENT OF HANS SHIKSHAN MANDAL, AKOLA AND
                               OTHERS
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Office Notes, Office Memoranda of                           Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                        Mr. S. M. Vaishnav, Advocate for the petitioner.

                                 CORAM : V. M. DESHPANDE, J.

DATE : JANUARY 11, 2021.

1. The petitioner in this Contempt Petition had filed a statutory appeal before the School Tribunal, Amravati since he was aggrieved by his oral termination by respondent nos.1 and 2 in the appeal before the Tribunal. The appeal was registered as Appeal No. 01/2018. The learned Presiding Officer of the School Tribunal, Amravati vide judgment and order dated 02.03.2019, allowed the appeal and set aside the oral termination order dated 05.01.2018. Respondent nos.1 and 2 in the said appeal were directed to reinstate the appellant therein to his formal post in the school within a period of 14 days. The management was also directed to pay the backwages.

2. The judgment and order dated 02.03.2019 delivered by the School Tribunal was challenged by the Management before this Court by filing Writ Petition No. 3330/2019. This Court vide judgment dated 21.09.2020, after hearing the the parties, dismissed the petition.

3. After dismissal of the writ petition, it is the submission of the learned counsel for the contempt 2 110121cp3.21.odt

petitioner that he approached to the Head Master for joining by moving an application, which is at Annexure-E (page 48) of this petition. He invited my attention to the endorsement thereon, which shows - "fn-27-10-2020 yk :tq d:u ?ksrys." It is the submission of the petitioner that in spite of the same, the respondent nos.1 and 2 are not permitting him to sign the muster roll so also the salary is not paid to him.

4. In that view of the matter, issue notice before admission to the respondents.

5. Mr. K. L. Dharmadhikari, learned Assistant Government Pleader waives service for respondent no.3.

6. Notice is made returnable after four weeks.

                                         JUDGE
Diwale



                                                      Digitally signed
                                         Parag        by Parag Diwale
                                                      Date:
                                         Diwale       2021.01.11
                                                      18:36:19 +0530