-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3459/2008. (Rajesh Dattappa Dalal .vrs. Vitthal Rukhmai Shikshan ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 13, 2008. Heard Advocate Shri S.T. Harkare, for petitioner. He contends that the petitioner – Class- IV employee acted on legal advise and therefore, there was delay of about 25 months. He further states that the petitioner is ready and willing to give up all backwages, if he is reinstated or if the delay is condoned, and School Tribunal is directed to consider his appeal on merits. Arguments are being strongly opposed by Advocate Shri A.V. Gawande, who points out that for valid reasons the delay has not been condoned. Perusal of the application for condonation of delay shows that the only reason put forth is wrong advise. However, what was the -2- wrong advise, who gave it and when it was tendered, is not disclosed. Admittedly, earlier appeal before the School Tribunal challenging the alleged oral termination was withdrawn on 03.03.2006 as management contended that it had not terminated the appellant/petitioner. Then he was already terminated by written order dated 14.11.2005. Thus this order was in existence when the earlier appeal was withdrawn and still no challenge was raised to that order during the pendency of the appeal and fresh appeal came to be filed on 28.01.2008. I therefore, find nothing wrong with the reasons assigned by the School Tribunal in the matter. Writ Petition is dismissed. No cost. JUDGE Rgd.