271wp1404.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1404 of 2010 (Mr. Arun T. Sirbhoyye .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 27/01/2011. Heard Mr.N.D.Khambokar, Adv. for the petitioner, Mr.S.J.Jichkar, Assistant Government Pleader for respondent nos. 1 to 3 and Mr.P.R.Wagh, Adv. for respondent no.4. This petition is directed against the impugned communication/order dt. 3.4.2003 issued by respondent no.2 whereby the petitioner was held responsible for de-recognition of respondent no.4/school run by respondent no.5. Counsel for the petitioner has submitted that, the similarly circumstanced employees of respondent no.4/school, who were held responsible for de- recognition, had filed Writ Petition No.1631 of 2004 which was allowed by this Court by an order dt. 23.10.2008 as well as Writ Petition No.1672 of 2008 which was also allowed on 10.10.2008. The learned Counsel, therefore, prays that, in view of the above referred orders of this Court, the impugned communication dt. 3.4.2003 cannot be 271wp1404.10.odt 2 . sustained in law. Mr.S.J.Jichkar, Assistant Government Pleader does not dispute the factual and legal aspect of the matter. Counsel for respondent no.5/Management states that appropriate action in accordance with the law and procedure applicable in this regard, if the petitioner is otherwise found eligible for grant of pension and pensionary benefits, shall be initiated at the earliest, if there is no other legal impediment in doing so. On the backdrop of the above referred facts, it is evident that the issue pertaining to the impugned communication was considered by this Court in the earlier proceedings initiated by the similarly circumstanced employees by filing Writ Petitions which were allowed by this Court and therefore, in view of these undisputed facts, the impugned communication dt. 3.4.2010 is hereby quashed and set aside. So far as the other benefits are concerned, it is not necessary to pass any order in view of the statement made by the learned Counsel for the Management. In the circumstances, the petition is disposed of accordingly. JUDGE JUDGE jais