LAWS(BOM)-2024-2-78

ARUN Vs. SUBHASH

Decided On February 27, 2024
ARUN Appellant
V/S
SUBHASH Respondents

JUDGEMENT

(1.) The petitioner alleged that the respondents have committed breach of the order dtd. 13/11/2017 passed by this Court in Writ Petition No. 5547 of 2017. The respondents were directed to reinstate the petitioner teacher and to forward the salary bills of the petitioner with the approval of the Education department.

(2.) The petitioner averred in the petition that he was directed to be reinstated by order of the School Tribunal and the said order was confirmed by this Court in writ petition No. 5547 of 2017 as well as the Division Bench of this Court in Letters Patent Appeal No. 139 of 2012. The said order was challenged by the respondent Nos. 1 and 2 in the Hon'ble Supreme Court by filing S.L.P. Nos.4828/2023 and 4830/2023. The said S.L.P's were also dismissed. Thereafter, Writ Petition No. 6754 of 2016 was also preferred by the daughter of respondent No.1 Smt. Chetna Patil. The said writ petition was also dismissed.

(3.) It is also averred by the petitioner that clause No.3 of the order dtd. 28/3/2016 passed by Education Officer (Secondary), Zilla Parishad, Dhule, was to be implemented but it was not implemented. Therefore, the petitioner filed writ petition No. 5547 of 2017 in which respondent Nos. 1 and 2 made statement pursuant to the letter dtd. 7/11/2017 that the petitioner would be allowed to join on 14/11/2017. It was in consonance with an appeal No. DHL/11/2009 by which the School Tribunal had directed the petitioner to be reinstated.