1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.10530 OF 2008 IN WRIT PETITION NO.743 OF 1998 Govind Hiralal Chaudhari ... APPLICANT VERSUS The President, Gram Vikas Mandal, Deshshirwade & ors. ... RESPONDENTS ..... Shri S.S. Mundhe, Advocate holding for Shri S.P. Brahme, Advocate for the applicant/original respondent No.1. Mrs. M.A. Deshpande, Advocate for respondent No.2. Mrs. B.R. Khekale, A.G.P. for R.No.4. None for respondent Nos.1 & 3 ..... CORAM : Shrihari P. Davare, J. DATED : 1st July, 2009. ORAL ORDER : 1. Perused. The present civil application has been preferred by 2 the applicant (original respondent No.1) requesting to fix up Writ Petition No.743/1998 with Contempt Petition No.27/1998 for final hearing peremptorily. 2. It is the contention of the applicant that the respondent No.1 has filed Writ Petition No.743/1998, and Contempt Petition No.27/1998 has been filed by the applicant herein and both are pending. The said Writ Petition No.743/1998 was filed by respondent No.1 herein challenging the order passed by learned School Tribunal, Nasik. This Court granted Rule therein on 17.6.1998, but no interim relief was granted therein. 3. The applicant herein submits that, meanwhile, he insisted upon the respondent/ management to comply with the orders passed by learned School Tribunal, Nasik, but respondent did not comply with the same. Hence, applicant filed Contempt Petition No.6/1997 before the School Tribunal. On 29.11.1997, the learned Presiding Officer of School Tribunal gave directions to Education Officer i.e. respondent No.3 herein to deduct the dues of the applicant from the salary grant. Accordingly, the applicant made several representations to the respondent/ management and Education Officer also, but the said exercise was futile. Hence, Contempt petition No.27/1998 has been filed by the applicant and same is also pending as aforesaid. 3 4. The applicant submits that, he has been terminated from the service on 30.3.1994 and is unemployed. His age is 43 years. He is M.A. B.Ed. and is doing labour work. There is no other earning member in the family. He has got three children. His elder daughter is of marriageable age and his children are taking education. His father is of about 75 years old. Hence, the applicant prays that Writ Petition No.743/1998 and Contempt Petition No.27/1998 be fixed for final hearing at the earliest. 5. Heard learned respective counsel for the parties. 6. Considering the submissions made by learned respective counsel for the parties, at the outset, Writ Petition No.743/1998 is said to have been about 11 years old and, therefore, it is required to be taken up for final hearing at the earliest. Besides, as submitted by the applicant in the present application, he has been terminated from 30.3.1994 and is unemployed and although he is well educated, he is doing labour work and there is no any other earning member in his family and since he has got three children, who are taking education and one daughter is of marriageable age; his father is about 75 years old, it is necessary to take up the Writ Petition No.743/1998 and Contempt Petition No.27/1998 for final hearing at the earliest and accordingly, present Civil Application is required to be allowed in the interest of justice. 4 7. In the result, Civil Application is allowed in terms of prayer clause (B) thereof and Writ Petition No.743/1998 and Contempt Petition No.27/1998 be fixed for final hearing on 1st September 2009 at 2.30 p.m. (Shrihari P. Davare, J.) fmp/ca10530.08