IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1769 OF 2008 WITH WRIT PETITION (L) NO.1770 OF 2008 Smt.Tejaswini S. Londhe .... Petitioner V/s. The State of Maharashtra & Ors. .....Respondents Ms.Anupama B. Shah, for the Petitioner. Ms.Sindha Sridharan, A.G.P., for respondent Nos.1 & 4. Respondent Nos.2 & 3 present in-person. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATED : 9th SEPTEMBER, 2008. P.C. 1. The grievance of the petitioner is in connection with fixation of her seniority by the respondent-management and treating the petitioner as surplus on the basis of wrong fixation of her seniority. Initially, the petitioner had approached the School Tribunal wherein the appeal of the petitioner was dismissed by the School Tribunal on the ground that the Tribunal has no jurisdiction to entertain the appeal. 2. During the pendency of these petitions, the petitioner has already joined Marwadi Vidyalaya, Mumbai, without prejudice to her rights and 2 contentions to the effect that her parent school has wrongly treated as junior and on that basis she has been wrongly treated as surplus. Since the petitioner has already reposted at some other school, now it is not necessary to give any directions regarding reposting of the petitioner. However, as regards the disputes about the seniority and treating the petitioner as surplus teacher, the petitioner is permitted to make appropriate grievance before the concerned Education Officer. If any application in this behalf is received from the petitioner, the Education Officer after hearing the petitioner as well as the School in question shall decide the aspects about the seniority of the petitioner and as to whether the petitioner is surplus or not. On the basis of such decision, if it is found that the petitioner was wrongly treated as surplus and wrongly treated as junior most, the Education Officer may pass consequential order. However, this Court has not expressed any opinion in any manner on these aspects. The Education Officer is directed to take appropriate decision in this behalf within a period of two months from receipt of the application from the petitioner and such decision shall be communicated to the petitioner. If such decision is against either of the parties, it will be open to such party to take appropriate recourse in accordance with law against such decision. It is however, clarified that we have not expressed any opinion on any of the 3 points sought to be raised in these petitions and it is for the Education Officer to take appropriate decision in accordance with law. 3. In view of what is stated hereinabove, the learned Advocate appearing for the petitioner craves leave to withdraw both these writ petitions. Permission to withdraw the petitions is granted. Both these writ petitions stand disposed of as withdrawn. 4. The earlier management where the petitioner was serving shall issue Last Pay Certificate of the Petitioner and shall send the same to Marwadi Vidyalaya, Mumbai, where the petitioner is now serving. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )