KULKARNI ANUPAMA Vs. MATADE PUSHPA TUKARAM

JUDGEMENT

(1.) HEARD the learned Counsel appearing on behalf of the petitioner and the learned Counsel for the Respondents.

(2.) THE Petitioner, by this petition, is challenging the impugned order dated 18. 10. 1993 whereby, the School Tribunal was pleased to allow the appeal filed by the Respondent No. 1 herein and directed that the Respondent No. 1 is deemed to be promoted to the post of head master with effect from 3. 10. 1992 with continuity of service and all consequential benefits. In the said petition, rule was granted and subsequently interim relief was granted in favour of the Petitioner. Petition was admitted. However, the Petitioner herein continued to work on the post of head master since the Respondent No. 1 was promoted as a head master in the other school in the place of one Mr. Bankar. The petitioner continued to work in the capacity of head master till 8th june, 2007. In the meantime, this petition was dismissed by order dated 12. 12. 2008 and however, subsequently this petition was restored on 15. 6. 2007. The Petitioner, therefore, has worked as a head mistress till 2007. Thereafter, however, she did not report on duty after she was demoted by the management to the post of assistant Teacher.

(3.) THE learned Counsel for the Petitioner submitted that the contesting Respondent No. 1 has retired and thereafter, she expired and, therefore, to that extend, the petition has become infructuous. He, however, submits that the Petitioner is willing to forgo her claim from June, 2007 and the Petitioner may be deemed to have tendered her resignation.