- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 4971 OF 2009 Pandit Tukaram Kolekar .. Petitioner Vs. Nimboni Shikshan Prasarak Mandal & Ors. ..Respondents Mr. Sham Walve i/b D. K. Ghaisas, for the Petitioner. Mr. I. M. Khairadi, for Respondent Nos. 1 & 3. Mr. V. S. Gokhale, AGP for Respondent Nos. 2, 4 & 5. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : MARCH 8, 2010. P.C. : . Heard the learned counsel for the petitioner, respondent Nos. 1 & 3, and the learned AGP for respondent Nos. 2, 4 and 5. The counsel for the petitioner has submitted that claim of the petitioner in the present petition for treating the services of the petitioner in the cadre of Assistant Teacher as continuous service with effect from 19th June 1986, is based on the communication 6th July, 2005 issued by the Education Officer (Secondary) which is annexed with the petition at - 2 - Exhibit “B”. It is contended that in spite of the said communication issued by the Education Officer to respondent No.1, no steps have been taken in this regard. Hence, the present petition. 2. The learned counsel for the respondent Management has submitted that the Management has come to know about the communication dated 6th July 2005 issued by the Education Officer for the first time and after the petitioner has filed the present petition. It is contended that respondent Management disputes claim of the petitioner and the procedure adopted by the Education Officer while deciding claim of the petitioner. It is further contended that Respondent Management shall take steps against the communication dated 6th July 2005 within a period of 6 weeks from today. 3. In the backdrop of above referred facts, it appears that the communication dated 6th July 2005 issued by the Education Officer to the Respondent Management is not in dispute and therefore, we dispose of the petition and grant six weeks time to the respondent Management to take appropriate steps against the said communication. However, it is made clear that on expiry of six weeks from today, and if there is no legal impediment, the Respondent Management is directed to implement the directions issued by the - 3 - Education Officer in its communication dated 6th July, 2005, which is annexed with the petition at Exhibit “B”. Sd/- [D. D. SINHA, J.] Sd/- [ A. A. SAYED, J.]