:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1326 OF 2008 IN WRIT PETITION NO.881 OF 2008 Ankush Sangappa Wani .. Applicant. Vs. Krishnatha Shamrao Redekar & Ors. .. Respondents. Mr.M.S.Topkar for the applicant. Mr.A.I.Patel A.G.P. for respondent nos.3 and 6. Mr.Sachin Manale for respondent no.2. Ms.Ranjana Todankar for respondent no.1. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST MARCH, 2009. DATED : 21ST MARCH, 2009. DATED : 21ST MARCH, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. By this application the applicant-original respondent in the writ petition, has prayed for vacating the interim relief granted by this court vide order dated 7.12.2006 in writ petition No.881 of 2006. The interim relief granted vide order dated 7.12.2006 in terms of praye clause (d) read thus: "(d) That pending the hearing and final disposal of this Petition, this Hon’ble Court be pleased to stay the implementation, execution and operation of the order dated 2/4/1998 passed in Appeal No.35 of 1995 and also stay the implementation, execution and operation of the directions given vide letters dated 28/1/2006 and 31/1/2006 by Respondent No.3 to Respondent No.1." . The applicant is respondent no.4 in the said :2: :2: :2: writ petition. 3. The applicant was appointed by the respondent-management in the year 1989 as Assistant Teacher. Her services were terminated orally in the year 1995. She challenged her oral termination by way of an appeal bearing No.35 of 1995, under section 9 of the Mahararashtra Employees Private School Act. The said appeal was allowed by the School Tribunal vide judgment and order dated 2nd April, 1998. The order of the School Tribunal was challenged by the management in Writ Petition No.2494 of 1998. The said writ petition, however, was dismissed on 24.6.1998. It appears, during pendency of the appeal before the school tribunal, the petitioner - Krishnath Redekar, who was working as Superintendent with the same institution was allowed to join as Assistant Teacher in the place of the applicant. Despite the order of the school tribunal and dismissal of the petition by this court, the applicant was not allowed to join and, therefore, the petitioner filed contempt petition bearing No.394 of 1998. The said contempt petition was disposed of vide order dated 3.9.2001 relegating the applicant to approach appropriate authority for seeking execution of the order passed by the school tribunal. In view thereof the applicant filed miscellaneous application :3: :3: :3: No.3 of 2001 before the school tribunal, which, according to the applicant, is still pending. In the meanwhile the respondent-management issued letter dated 1.2.2006 to the petitioner to show cause as to why his services be not terminated. It is against this backdrop, the petitioner approached this court and has obtained interim relief in terms of prayer clause (d). I have perused the petition. In the petition, the petitioner has not disclosed, may be he was not aware, the order passed by this court dismissing the writ petition No.2494 of 1998 and confirming the order passed by the school tribunal dated 2.4.1998, which he has challenged in the present writ petition. Keeping that in view and considering the overall facts and circumstances of the case, I am inclined to vacate the interim relief granted by this court, when the applicant was not before the court, and allow the applicant to prosecute his miscellaneous application No.3 of 2001, which is pending before the school tribunal. Order accordingly. The School Tribunal shall decide the said miscellaneuos application as expeditiously as possible and preferably within a period of three months from the date of receipt of this order, on merits in accordance with law. With these observations civil application is disposed of. :4: :4: :4: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)