rast7892.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD REVIEW APPLICATION ST. NO. 7892 OF 2011 The State of Maharashtra & another .. APPLICANTS VERSUS Arvind s/o Supdu Badgujar & others .. RESPONDENTS Mrs. Rekha Laddha, AGP for the State. Mr. V.G. Sakolkar, advocate for the respondnets. CORAM : R.M. BORDE & S.V. GANGAPURWALA JJ. DATE : August 08, 2011. PER COURT : 1 This application is presented by the State seeking review of the order passed by the Division Bench of this court on 9-8-2010. 2 Appeal presented by the respondent /employee to the school tribunal was allowed in view of order passed on 9-11-1995. The tribunal while allowing the appeal issued following directions : c) Respondent / management is directed to reinstate the appellant to his original post. Prayer of the appellant for rast7892.11 2 backwages is hereby rejected. 3 The order passed by the tribunal was subjected to challenge by the employee by presenting Writ Petition bearing No. 1032/1992. The writ petition came to be disposed of in view of order passed by the Division Bench on 9-8-2010. The Division Bench of this court while disposing of the writ petition issued following directions : 6 In view of the same, the petitioner would be entitled to the continuity of service since 1982, increments and other consequential benefits treating his services since 1982. 7 Respondent no. 3 to finalize the pensionary benefits of the petitioner within a period of 4 weeks from today. The respondent Management shall prepare the papers within the period of 4 weeks and send the same to respondent no. 3 and who shall decide it within the period of 3 months thereafter. 4 It is the contention of the review applicant that the school wherein the employee was employed, started receiving grants since 1991. It is also contention of the review applicant that the employee was not possessing requisite qualification at the time of his entery in the services. He acquired the requisite qualification only in the year 1993. It is also further pointed out that the employee has attained the age of super annuation on 31-5-2010 and has retired. In view of the order passed by the Division Bench of this court, the order passed by the tribunal holding the review applicant entitled rast7892.11 3 to continuity in service since 1982 has received a stamp of approval. It was directed to the respondent to finalise pensionary benefits receivable by the employee within four weeks from the date of issuance of the order. The Management is directed to prepare the papers and transmit the same to respondent no. 3 within specified time. This court has not determined the entitlement of respondent / employee to receive any monetary benefits nor has issued any direction in that regard. This court, while disposing of the writ petition has merely confirmed the order passed by the tribunal. It is also to be noted that the State Government did not challenge the order passed by the school tribunal directing re-instatement of the employee in service. Considering all these aspects, we are of opinion that the application seeking review of the order is devoid of merit. Hence the application stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( S.V. GANGAPURWALA ) ( R. M. BORDE ) JUDGE JUDGE dyb