1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 224/2010 IN WRIT PETITION NO. 2056/2010 (Milind Namdeorao Kamble vrs. State of Mah. and others) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri D.Duvvuri, counsel for petitioner Shri A.M.Deshpande, AGP for respondent State. ... CORAM : R. K.DESHPANDE, J. DATED : 21st MARCH, 2011. Heard Shri Duvvuri, the learned counsel for the petitioner. He has filed Civil Application NO. 122/2010 for amendment. For the reasons stated in the application, the application for amendment is allowed. The matter is taken up for hearing. The complaint in the petition is about willful disobedience of the judgment and order dated 5,5,2010 passed by the Division Bench of this Court in Writ Petition No. 2056/2010. By the said order, this Court had recorded the statement 2 of the learned AGP that the respondent no. 4 (petitioner herein) being the Assistant Headmaster is entitled to exercise financial powers in the absence of Headmaster. It is further directed that so far as the issue about forwarding salary bills of teaching and non-teaching staff of the school concerned, the respondent no. 4 therein (petitioner) was permitted to do so until further orders. The Writ Petition No. 2056/10 was finally decided by judgment and order dated 21.9.2010. By the said judgment and order, this Court had made rule absolute in terms of prayer clause (B) of the said writ petition. Prayer Clause (B) was to direct the respondent no. 3 (Education Officer) to grant approval to the appointment of Mrs. Agnihotri and Mrs. Deulwadkar as headmistress of the school run by the Management, on regular basis. As a result of this judgment and order, a statement has been made on affidavit by the respondent Education Officer in this contempt petition that Mrs. Deulwadkar and Mrs. Agnihotri have already been 3 promoted in their respective schools and the approval has also been granted by Education Officer by letter dated 11.12.2010. It has further been stated that though Mrs. Deulwadkar retired on 31.8.2010, the Management re-appointed her w.e.f. 1.9.2010 to 13.11.2010. In view of the fact that Writ Petition No. 2056/10 has been disposed of with a direction to the respondent Education Officer to grant approval to the appointment of Mrs. Agnihotri and Mrs. Deulwadkar as headmistress of the school on regular basis, the order dated 5.5.2010 does not survive. Shri Duvvuri, the learned counsel submits that the legality, validity and propriety of the appointment of Mrs. Deulwadkar is subjudiced before the School Tribunal in the appeal filed by the petitioner. In view of this, it is open for the petitioner to approach the School Tribunal with an appropriate application for issuance of appropriate direction. The learned counsel submits that when the legality, propriety and justification of the 4 appointment of Mrs. Deulwadkar is questioned, how the Education Officer can grant approval to the appointment. Since this question is already subjudiced before the School Tribunal. It is not proper for this Court to make any comment upon that. In view of this, nothing survives in this contempt petition. The proceedings are, therefore, dropped. JUDGE Rvjalit