Progressive Educaton Soc. ... vs Shri. Dilip Dada Khandale And Ors
2021 Latest Caselaw 15377 Bom

         Digitally signed
         by VIDYA
VIDYA    SURESH AMIN
SURESH   Date:
         2021.10.27
AMIN     18:31:37
         +0530




                                                                                           507.IA3094_2021.doc

                            Vidya Amin
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                   INTERIM APPLICATION NO. 3094 OF 2021
                                                                    IN
                                                     CIVIL APPLICATION NO. 693 OF 2019
                                                                    IN
                                                      WRIT PETITION NO. 5319 OF 2018

                                     Progressive Education Society, through
                                     its Chairman & Ors.                                ... Applicants/
                                                                                          Petitioners
                                            V/s.
                                     Dilip Dada Khandale & Ors.                         ... Respondents

                                     Mr. Rakesh P. Saroj for the applicants.
                                     Ms. Vaishali S. Nimbalkar, AGP for the State.

                                                                CORAM : G.S.KULKARNI, J.

DATE : 26 October, 2021 P.C.:

1. Not on board. Upon mentioning, taken on board on a

praecipe as moved on behalf of the petitioner.

2. This Interim Application has been filed praying for the

following reliefs:

                                             "a)    Rule be issued.

                                             b)    This Hon'ble Court may be pleased to set aside the

order dated 08.10.2021 passed below Exh.11, in Miscellaneous Application No. 28 of 2021 by School Tribunal, Pune.

c) This Hon'ble Court may be pleased to stay the implementation, execution and operation of the said impugned order, pending the hearing and final disposal of the present Writ Petition and Civil Application"

507.IA3094_2021.doc

3. The petition is filed challenging the judgment and order

dated 23 March, 2018 passed by the Presiding Officer, School

Tribunal, Pune Region, Pune in Appeal No. 62 of 2016 whereby the

School Tribunal has ordered reinstatement of respondent no. 1

with full back wages. The writ petition was heard on interim reliefs

on 29 October, 2018 when this Court (Smt. Sadhana S. Jadhav, J.)

considering the earlier orders passed in this petition had rejected

the prayers for interim reliefs. The petitioner, being aggrieved by

the said order passed by this Court, had approached the Supreme

Court in SLP No. 7140 of 2019. The Supreme Court, however, did

not entertain such petition and it was dismissed with a direction

that the petitioner are at liberty to approach this Court for

expeditious disposal of the pending matter.

4. It is, accordingly, clear that there is no stay to the impugned

order passed by the tribunal. Considering the clear orders passed

by this Court on 29 October, 2018 and also the order dated 25

March, 2019 passed by the Supreme Court, reliefs as prayed for in

this Interim Application cannot be granted. Interim Application is

accordingly dismissed. No costs.

(G.S.KULKARNI, J.)