1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application (Review) No.740/2004 In Writ Petition No.1144/1990 (Decided) [Dadarao Jaikrishna Rabade .vrs. Municipal Corporation, Amravati] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : K.J. ROHEE AND A.B. CHAUDHARI, JJ DATED : APRIL 21, 2008 1. None for the petitioner. 2. Mr. M.K. Pathan, Advocate for the respondent. 3. Dismissed for default. JUDGE JUDGE Later-on (Dt. April 21, 2008) 4. Mr. V.A. Kothale, Advocate appears for the petitioner and expressed his apology for his absence and prays for restoration of the application. The prayer is allowed and the application is restored to file. 2 5. Heard Mr. V.A. Kothale, Advocate for the petitioner and Mr. M.K. Pathan, Advocate for the respondent. 6. It appears that the Municipal Council runs both primary school as well as secondary school. However, the petitioner was appointed as a primary teacher. He retired as a primary teacher only. The age of his retirement is 58 years. It was contended that his services were transferable from primary school to secondary school. However, fact remains that he retired as a primary teacher. In view of this, we find no substance in the application. The application for review is, therefore, dismissed. JUDGE JUDGE GULANDE