1 wp1000-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1000 OF 2011 Shobha Adinath Phuke .. Petitioner Versus Tatepute Education Society & Ors. .. Respondents Mr.Langote i/b. V.A.Madane for petitioner Mr.Nitin Jamdar with Haribhau Deshinge for respondent Nos. 1 and 2 CORAM : S.C.DHARMADHIKARI, J. 23rd August 2011. P.C.: 1] Heard both sides and perused the order passed by the School Tribunal. 2] Mr.Langote appearing for petitioner submits that during the pendency of proceedings before the school tribunal, the management has filed purshis pointing out therein that the order dated 30th January 2009, terminating the service of the petitioner stands withdrawn and that the petitioner will continue in the services as a part time Librarian. In the light of these purshis 2 wp1000-11.doc and the specific stand taken by the management in the submission of Mr.Langote, relying upon the petitioner’s asertion and particularly, her purshis dated 8th April 2010, it was not necessary for the Tribunal to adjudicate the appeal any further. On the withdrawal of termination order, the appeal was rendered infructuous. 3] With the assistance of Mr.Langote and Mr.Jamdar I have perused the petition and its annexures so also the purshis which refer to the clear stand of management therein withdrawing the termination order. In such circumstances, it was really unnecessary for the tribunal to have proceeded with the appeal and render any finding on the merits of the controversy. Both sides understood that the appeal did not survive and it was rendered infructuous and should have been disposed of as such. 4] Therefore, in an infructuous appeal any finding that have been rendered with regard to the termination of petitioner’s service would not survive and would not in any manner be an impediment for her in pursuing her other remedites and seeking 3 wp1000-11.doc particularly relief with regard to her entitlement to the post of full time librarian and the same should be extended to her. Clarifying that the appeal had been rendered infructuous and stands disposed of as such so also leaving open all contentions of both sides with regard to the entitlement of the petitioner, present petition is disposed of. (S.C.DHARMADHIKARI, J)