910caw1622.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 1622 of 2009 in Writ Petition No. 1264 of 2009 (D) (Ghanashyam s/o. Chaitram Patle .vs. Dy. Director of Edu. Nagpur 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 & C.L.Pangarkar, JJ. Date : 09/10/2009. Heard Mr. N. S. Khubalkar, Assistant Government Pleader for applicant/respondent no.2. and Mr. A. Z. Jibhkate, Adv. for petitioner. Civil Application No. 1622 of 2009 is filed by the applicant/respondent no.2 for recalling of the order dt. 12.6.2008 whereby the Division Bench of this Court has disposed of Writ Petition No.1264 of 2008. Mr. Khubalkar, Assistant Government Pleader has submitted that the petitioner had filed Writ Petition No. 1264 of 2008 seeking implementation of the order dt. 16.9.2006 issued by the Deputy Director of Education whereby the Management as well as the Education Officer were directed to release the salary of petitioner from the date of approval, but neither the Management nor the Education Officer complied with the said direction. It is contended that, this Court vide order dt. 12.6.2008 disposed of said petition with a direction that the Deputy 910caw1622.09.odt 2 . Director of Education shall ensure that the order dt.16.9.2006 must be complied with by the respondent/Management as well as the Education Officer within a period of four weeks from the date of order. The Assistant Government Pleader has further contended that the matter was taken up by the Director of Education and on verification of facts, it was noticed by the Director of Education that the petitioner in the Writ Petition No.1264 of 2008 was not eligible for salary as directed by Deputy Director vide order dt. 16.9.2006 and therefore, issued another order dt. 4.3.2009 whereby it was held that the said petitioner was not entitled to get said salary. This fact was brought to the notice of this Court in the present proceedings and therefore, this Court in the order dt. 14.8.2009 expressed complete displeasure the manner in which the Director of Education, without approaching this Court for modification or clarification of the order dt. 12.6.2009, passed the order dt. 4.3.2009. In the present proceedings, the Director of Education Mr.Balchandra Dagajirao Desle expressed unconditional apology by filing an affidavit dt. 4.9.2009 and further expressed regret that before passing an order dt. 4.3.2009, he ought to have approached this Court for necessary clarification/modification of the order dt. 12.6.2008 passed in Writ Petition No.1264 of 2008. Since the Director of Education has tendered unconditional and 910caw1622.09.odt 3 . unqualified apology, we are ready to accept the same. Taking into consideration the overall view of the matter, in the interest of justice, we are of the view that the entire issue needs to be re-considered afresh by the Director of Education by giving appropriate opportunity of hearing to the petitioner Mr.Ghanshyam Chaitram Patale as well as Management and Education Officer and after taking into consideration the facts and circumstances as well as pros and cons of the issue, the Director of Education should take a decision on its own merits and in accordance with law. For the reasons stated hereinabove, we allow Civil Application No.1622 of 2009 for recalling of the order dt. 12.6.2008 passed in Writ Petition No.1264 of 2008 and re-call order dt. 12.6.2008 passed by this Court and set aside order dt. 4.3.2009 passed by the Director of Education. Similarly, the order dt. 16.9.2006 (bearing No.29642) passed by the Deputy Director of Education is also hereby quashed and set aside. All the parties to the present proceedings are hereby directed to appear before the Director of Education on 27.10.2009. It is open for all the parties to the proceedings to place all the relevant facts and circumstances before the Director of Education and the Director of Education shall pass an order within a period of 910caw1622.09.odt 4 . six weeks from the date of communication of this order. Petitioner Ghanshyam s/o. Chaitram Patle is permitted to appear before the Director of Education through his lawyer Mr.A.Z.Jibhkate. JUDGE JUDGE jais