1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.14 of 2010 IN WRIT PETITION NO. 7277 OF 2008 WITH CIVIL APPLICATION NO. 3627 OF 2010 Vasantrao Shikshan Prasarak Mandal ...APPELLANT. VERSUS 1) Smt. Smruti W/o Navneetdas Kasari and another. ...RESPONDENTS. ... Shri.P.R.Patil, Advocate for Appellant. Shri.O.m.Wattamwar,Advocate holding for Shri.S.G.Rudrawar,Advocate for Respondent No.1. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 14TH OCTOBER,2010. PER COURT : 1. Heard learned counsel for the parties. 2. Mr.Patil, learned counsel appearing for appellant submits that the School Tribunal failed to appreciate the issue of resignation in its 2 proper perspective, which has resulted in serious prejudice caused to the case of the Management. Several notices were issued to the respondent, during her tenure as Head Mistress. Two notices were also issued by the Management after noticing her misconduct. 3. Mr.Patil, learned counsel submits that during the pendency of the appeal before Tribunal, the plea was taken that there was Departmental Inquiry conducted against the respondent by the Management and after culmination of enquiry respondent- Smt. Smruti Kasari was terminated. The issue of termination, according to Shri Patil, was not discussed and considered by the Tribunal. The Appellant herein raised this plea in Additional Written Statement filed before the Tribunal. 4. Mr. Patil, learned counsel on instructions submits that though the learned Single Judge (Coram: R.M.BORDE, J.) while passing order in Writ Petition No. 7277 of 2008, dated 27th November, 3 2008, issued ‘Rule’ in the Writ Petition, however, refused interim stay to the order of reinstatement of respondent Smt. Smruti W/o Navneetdas Kasari. The respondent No.1 smt. Smruti Kasari has not been reinstated so far by the Management. It is stated that proceeding under Contempt of Court Act is also pending before the High Court in respect of non compliance of the order. 5. Mr. Patil learned counsel had brought to our notice some of the relevant documents, orders and part of the pleadings in support of his submissions. 6. Mr. Wattamwar, learned counsel for the respondent-Smt. Smruti Kasari submits that the Tribunal had discussed in detail the issues raised by the parties, considered the same and had arrived at reasonable conclusion in accordance with record. There is no error in the impugned orders passed by the Tribunal and the learned Single Judge. The learned Counsel submits that 4 parties have approached this Court in second or third round of litigation and the respondent-Smt. Smruti Kasari in spite of order passed by the Court, is not reinstated by the Management in total disregard of the orders. 7. We have perused the order passed by the Tribunal and impugned order passed by the learned Single Judge. From the grounds raised in the Writ Petition No. 7277 of 2008, prima facie we find that issue in respect of resignation was highlighted and canvassed before the learned Single Judge by the Management 8. We have perused the notice of resignation, which is annexed at Page 76 of Paper book of the Letters Patent Appeal. We have even perused some of the relevant documents for appreciating the contentions of the contesting parties. 9. Considering all these aspects of the matter, the learned Single Judge issued ‘Rule”, refused 5 stay to the order of reinstatement and directed the Management to deposit 50% of back wages. It is informed to Court that Management has not complied with this order of the learned Single Judge in respect of deposit of back wages. 10. We do not find apparent illegality or perversity in the view adopted by the learned Single Judge warranting interference in our jurisdiction under Letters Patent Appeal. The Letters patent Appeal is dismissed. Needless to mention here that dismissal of this Letters Patent Appeal would not affect the merits of the Writ Petition, which is pending. 11. In the light of dismissal of Letters Patent Appeal, nothing survives for consideration in the Civil Application, the same stands disposed of accordingly. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK 6