Prakash Yashwant Deshmukh vs Pyarelal Chhotelal Tandayya, The ...
2021 Latest Caselaw 4132 Bom

                                              1                                cp354.19.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                  CONTEMPT PETITION NO.354/2019 IN
                      WRIT PETITION NO.6881/2017
    Prakash Yashwant Deshmukh .vs. Pyarelal Chhotelal Tandayya and Ors.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.
                     Mr. P. P. Thakare, Advocate for petitioner.
                     Mr. P.N.Shende, Advocate for respondent nos. 1 and 2.

                     CORAM :        V.M. DESHPANDE, J.

DATED : MARCH 5, 2021

Heard Mr. Thakare, learned counsel for petitioner and Mr. Shende, leaned counsel for respondent nos. 1 and 2.

Pursuant to the order passed by this Court on 23.02.2021, respondent no.1-Pyarelal Chhotelal Tandayya and respondent no.2-Prafulla Anandrao Chatreshwar are personally present.

Against the otherwise termination of the petitioner, he has filed statutory appeal before the School Tribunal, Nagpur. The said appeal was partly allowed on 19.06.2017. The otherwise termination of the petitioner was set aside and respondent no.1 in the said appeal was directed to reinstate the appellant within 30 days. The said judgment in the appeal was challenged by respondent nos.1 and 2 before this Court in Writ Petition No.6881/2017. This Court (Coram: Z. A. Haq, J.) on 23.02.2018 dismissed the writ petition. The said judgment is not challenged before the Hon'ble Apex Court.

It was obligatory on the part of respondent nos.1 and 2 to immediately allow present petitioner-Prakash Yashwant Deshmukh to join the service on his former post as

2 cp354.19.odt

Assistant Teacher with Saket Convent and School.

Today, on instructions from respondent nos.1 and 2, Mr. P. N. Shende, learned counsel makes a categorical statement before this Court that by 08.03.2021, respondent nos.1 and 2 will allow the petitioner-Prakash Yashwant Deshmukh to resume the duties by accepting his joining report.

The statement is accepted by this Court as their undertaking.

Petitioner is directed to remain present at Saket Convent and School on 08.03.2021 at 11.00 a.m. It is made clear that if petitioner is not allowed to join the service, the Court may take serious view of the matter.

Put up this matter on 09.03.2021.

Respondent nos.1 and 2 are directed to remain personally present on the next date.

JUDGE

kahale