Chandrashekhar Shamrao ... vs Presiding Officer, School ...
2023 Latest Caselaw 7341 Bom

                                                                 1                                 20-4574-23.odt


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

                                   WRIT PETITION NO. 4574/2023

                          Chandrashekhar Shamrao Rahangdale
                                             Vs.
                       Presiding Officer, School Tribunal and others

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Mr. R.S. Parsodkar, Advocate for petitioner
                                   Ms. M.A. Barabde, AGP for Respondent / State


                                   CORAM:       AVINASH G. GHAROTE, J.

DATED : 24th July, 2023

It is not in dispute that the petitioner was working with the respondent No.2 - Society at the respondent No.3 - School in the capacity as an Assistant Teacher in the place of Mr. Mulchand Kukde, who was terminated and whose termination was set aside by this Court by the judgment dated 30/09/2022 in Writ Petition No.1703/2009, decided with connected petitions. The petitioner was a party to Writ Petition No.1703/2009.

2. Thereafter, the petitioner on account of the reinstalment of Mr. Mulchand Kukde was terminated, which came to be challenged before the learned School Tribunal, who by an interim order dated 21/11/2022 dismissed the application for stay which order came to be set aside by this Court in Writ

2 20-4574-23.odt

Petition No.7577/2022 by the judgment dated 13/3/2023, remanding the matter back to the learned School Tribunal. The learned School Tribunal by the impugned judgment dated 13/7/2023, has dismissed the appeal without considering the fact that Mr. Mulchand Kukday superannuated on 31/03/2023 and the petitioner having rendered more than 26 years of service for one or the other reasons in the vacancy created on account of termination of Mr. Mulchand Kukday was entitled to be considered as against the said vacancy.

3. Issue notice for final disposal, returnable on 7th August, 2023.

4. Ms. M.A. Barabde, learned AGP waives notice for respondent Nos.1, 4 and 5 / State.

5. By way of an ad-interim order, the effect and operation of the impugned judgment shall stand stayed till the returnable date.

JUDGE

MP Deshpande