( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5576 OF 2010 The State of Maharashtra PETITIONER VERSUS Dattatraya Madhavrao Waikar and others RESPONDENTS ..... Mr. S.V. Kurundkar, Additional Govt. Pleader for the petitioner. Mr. S.S. Deshmukh, advocate for the respondent No. 1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 25th June, 2010] PER COURT : 1. Heard learned Additional Govt. Pleader. 2. Learned advocate Mr. Deshmukh, appearing for the respondent No.1 – Caveator, sought time on the ground that he has to file reply. The request is rejected. 3. Upon hearing learned Additional Govt. Pleader and on going through the impugned order, it is explicit that the learned Presiding Officer, School Tribunal rendered the impugned judgement and order on 19th April, 2007. The petition is filed on 7th May, 2010, practically after more than three ( 2 ) (3) years. The petition does not disclose the reasons for such inordinate delay. The petition, therefore, suffers from delay and latches. The respondent No. 1 was having educational qualification to work as a Music Teacher and he had challenged the termination. The School Tribunal found that the termination was illegal. Considering the belated challenge to the order of the School Tribunal, and since the respondent No. 1is reinstated in service as per statement of Mr. Deshmukh, now it would not be proper to entertain the petition after the period of three (3) years. Petition is accordingly dismissed. It is, however, made clear that it is primary responsibility of the Management to pay salary of the respondent No. 1. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp5576-10