1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 530 of 2010 ( Pravinkumar Wamanrao Rane ..vs.. State of Maharashtra and others ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. A.D. Mohgaonkar, Advocate for the petitioner, Mr. P.N. Badhe, Advocate for the respondent Nos. 2 and 3. CORAM:- D.D. SINHA & F.M. REIS, JJ. DATED :- 9 th APRIL, 2010 1. Heard the learned Advocate for the petitioner and respondents. 2. The grievance of the petitioner in the present Writ Petition is that the petitioner was suspended from the post of Lecturer way back in the year 2005 by the respondent-Management. However, though, lot of developments had taken place in the mean time, but the fact remains that the services of the petitioner were not terminated by the respondent-Management. On the contrary, the respondent-Management vide communication dated 20-11-2009, which is annexed to this petition at Annexure-21, the petitioner was informed to join the same post, which was held by the petitioner before he was suspended in the year 2005. 2 3. The learned Counsel for the petitioner submitted that the petitioner did not join the post, because in the said communication the Management has mentioned that the petitioner should give up back wages, suspension allowance etc. and petitioner should also give undertaking that he shall not commit the same mistake in future. 4. The learned Counsel for the respondent-Management has submitted that inspite of above referred communication, the petitioner failed to join the duties and therefore, the petitioner cannot canvass the said grievance that the respondent- Management did not permit the petitioner to join the duties. 5. Be that as it may, taking into consideration the above referred facts and circumstances, in our view, it will be appropriate for the petitioner to join the duties as Lecturer in the Senior College run by the respondent-Management with effect from 19th April, 2010. We direct the respondent-Management to join the petitioner on the post of Lecturer from 19th April, 2010. The respondent-Management shall pay the salary to the petitioner from that day onwards in the pay scale applicable to the said post. So far as the back wages, subsistence allowance and other monetary benefits are concerned to which the 3 petitioner is legally entitled, we keep the said issues open with liberty to the petitioner to make a representation in this regard to the respondent-Management within a period of three weeks from today. If such representation is made, the respondent- Management shall decide the same in accordance with law, within a period of four weeks from the receipt of such representation. 6. With these observations and directions Writ Petition is disposed of accordingly. JUDGE JUDGE adgokar