wp3161.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3161 OF 2011 Shaikh Abdul Sattar Abdul Gafur, R/o C/o-Dr. Zakir Hussain Urdu Primary School, Gauspura, Kolhenagar, Latur, Tq. & Dist-Latur. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai, 2) The Deputy Director of Education, Zilla Parishad, Latur, 3) The Education Officer (Primary), Zilla Parishad, Latur, 4) Rashtriya Jagruti Bahuuddeshiya Vikas Sanstha, Latur, Through its President/Secretary, 5) Dr. Zakir Hussain Urdu Primary School, Gauspura, Kolhenagar, Latur, Tq. & Dist-Latur, Through its Headmaster. ...RESPONDENTS. wp3161.11 2 ... Shri. A.V. Patil Advocate for Petitioner. Shri. V.B. Ghatge, A.G.P. for Respondent Nos. 1 and 2. Shri. N.D. Sonawane Advocate h/f. Shri V.D. Hon Advocate for Respondent No.3. None present for Respondent Nos. 4 and 5. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 8TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. Learned counsel for the Petitioner submits that Petitioner was appointed as Assistant Teacher by the Respondent No.5 School, which is run by Respondent No.4. The Petitioner was orally terminated in the year 2003. The said order was subject matter of challenge before the School Tribunal. The counsel submits that the School Tribunal allowed Appeal No.63 of 2003 on 13th wp3161.11 3 July, 2004. The Respondent Management challenged the said Judgment and order in Writ Petition No. 4756 of 2005. The said Writ Petition was admitted by the learned Single Judge on 19th October, 2007 by granting ad interim relief, the copy of said order is at Exhibit B. 3. The Petitioner's prayer now, is that his pay-scale is to be fixed. The Petitioner had already filed representation addressed to the Education Officer (Primary), Zilla Parishad, Latur on 3rd March, 2011, which has remained undecided till now. 4. By an order dated 26th April, 2011 this Court had issued notices to Respondents returnable on 31st July, 2011. Despite service of notice, none appears for Respondent Nos. 4 and 5. 5. Learned counsel appearing for Zilla Parishad submits that the representation filed by wp3161.11 4 the Petitioner addressed to the Education Officer would be dealt with in accordance with record and after hearing the Petitioner and representative of the Management. 6. In the light of the statement made by the learned counsel appearing for Zilla Parishad, we direct the Zilla Parishad, Latur to pass appropriate orders on representation of the Petitioner, after hearing concerned parties and after considering entire record, within a period of six months from today. It is made clear that we have not expressed any opinion on the merits of the matter. All issues are kept open. With these observations the Writ Petition is disposed of. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/NOV11