{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13136 OF 2008 IN WP NO.382 OF 1998 Dilip Lalchand Atlani R/o Room No.8 Block F-5 Kumar Nagar Dhule. APPLICANTS VERSUS Kumar Nagar Social Welfare Centre, Kumar Nagar Dhule and others. RESPONDENTS. *** Shri N.E.Deshmukh, advocate holding for Shri S.B.Talekar, advocate for applicant None for respondent no.1 to 3 and 5. Shri M.L.Dharashive, AGP for the State. *** Coram : S.P.DAVARE, J. Date: 16th June 2009. P.C.: 01- Perused. The applicant / original respondent no.1 has preferred the present Civil Application requesting for early hearing of the Writ Petition No.382 of 1998. 02- The applicant contended that he is original respondent no.1 in and respondent nos.1 to 3 are original petitioners in WP no.382/1998. The {2} applicant states that he has challenged the order dated 02/04/1997 terminating his services passed by the Management on the ground of reduction of divisions and closure of section by filing an appeal before the School Tribunal Nasik. The Learned Member of the said Tribunal allowed the said Appeal directing the Management to continue the applicant in the employment till he was absorbed by the Education Department. 03- However, thereafter the respondent nos.1 to 3 filed WP No. 382/1998 challenging the said judgment and order dated 11/11/1997 passed by the learned Member School Tribunal, Nasik in Dhule Appeal No.14/1997 and this Court granted Rule and interim relief in terms of prayer Clause “B” on the basis of the statement made by present respondent no.3 that they were ready to accommodate the present applicant till commencement of next academic year and will continue him thereafter, in case the Education Department accords sanction. Meanwhile, the Education Officer by order dated 26/06/2001 granted an approval to the appointment of the applicant and accordingly the applicant was continued as Assistant Teacher in the school till disposed of the said Writ Petition as per order passed on 28/01/2002 in Civil Application No.6172/2001. 04- However, it is the grievance of the applicant that his annual increments are withheld and same have not been released and he is given less salary since about five increments are not released to him. Hence the applicant submits that the Writ Petition be fixed for final hearing at the earliest. 05- Heard learned respective counsel for the parties. 06- Considering the rival submissions, apparently, the Writ Petition {3} is pending since 1998. Moreover, although the applicant is continued in the service as aforesaid, he is deprived of his annual increments for the substantial period since the said Writ Petition is pending and not decided finally. 07- The learned counsel for the petitioner submits across the Bar that earlier also the said Writ Petition was fixed for final hearing in April 2008, but the same could not reach. 08- In the circumstances, present application bears substance and same is allowed in terms of prayer Clause “A” thereof and it is directed that Writ Petition No.382/1998 be fixed for final hearing in the week commencing from 05th October 2009 and the Civil Application No.13136 of 2008 stands disposed of accordingly. [S.P.DAVARE] JUDGE. /mda/0609/ca13136.08