1 wp-7011-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 7011 OF 2007 Smt.Deshmukh Sushama Jayasingrao ..Petitioner Vs. Atpadi Education Society and Ors. ..Respondents .... Mr.N.V.Bandiwadekar Adv. for Petitioner Mr.Atul Kulkarni Adv. i/b Mr.Dilip Bodke Adv. for Respondent Nos.1 and 2. Mr.P.I.Khemani AGP for Respondent No.3 and 5 .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 12, 2009 P.C.: 1. Heard the learned counsel for the petitioner, the learned counsel for the Respondent nos.1 and 2 and the learned AGP for respondent nos.3 and 5. 2. The petitioner came to be appointed as a School Teacher in the primary section of Respondent No.1 in 1991. She was appointed on probation which period was completed on 1.6.1993. At that time, she possessed qualification of M.A.B.Ed. The Petitioner came to be terminated from service from 20.10.1997. Being aggrieved by the 2 wp-7011-07 termination, appeal came to be filed by her, which came to be dismissed. Hence, this petition. 3. During the hearing of this petition at the admission stage, it was pointed out that respondent no.1-society was also running a secondary section. The petitioner was qualified to be absorbed as an Assistant Teacher in the secondary section. It was stated by the learned counsel for the Petitioner that two vacancies were likely to be available in February, 2008 on account of retirement of two teachers in the secondary section. Hence, this Court by order dated 3.12.2007 by way of interim relief, directed that unless the claim of the petitioner is considered for appointment to the post of Assistant Teacher in secondary section against the impending vacancies, no appointments to the post of Shikshan Sevak/Assistant Teacher in the secondary section shall be made by the Respondent no.1 Society. 4. It is an admitted fact that thereafter the petitioner has been appointed as an Assistant Teacher in the secondary section run by respondent no.1 on 31.3.2009. Approval has also been granted by the respondent no.4 to the appointment of the petitioner as an Assistant Teacher in the secondary section by order dated 20.8.2009. However, the approval was granted subject to the outcome in the present writ petition. 5. The learned A.G.P. on instructions from Respondent No.4 – Education Officer Mr.Nagraj Patil states that now that the petitioner has been 3 wp-7011-07 appointed as Assistant Teacher and her appointment has been duly approved by respondent no.4, the petition may be disposed of in terms of the interim order passed by this Court. 6. In view of the fact that the petitioner has been appointed by respondent no.1 and her appointment has been duly approved by respondent no.4, the prayer for reinstatement does not survive. As per the approval order granted by Respondent No.4 on 20.8.2009 the responsibility for payment of back wages and other consequential benefits is that of the Respondent-Management. 7. Hence, the petition is disposed of with liberty to the petitioner to approach the Respondent-Management with a representation for back wages and consequential benefits. Rule made absolute in terms of the appointment on 31.3.2009 as an Assistant Teacher in the secondary School. [ SMT.V.K.TAHILRAMANI,J.]