[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION L.P.A.NO.390 OF 2008 IN CIVIL APPLN.NO.2183 OF 2007 IN W.P.NO. 9434 OF 2004 WITH CIVIL APPLN.NO. 345 OF 2008 IN L.P.A.NO.390 OF 2008 IN CIVIL APPLN.NO.2183 OF 2007 IN W.P.NO. 9434 OF 2004 Shri.Dhananjay Prabhakar Avasarikar ..Appellant Vs. Shri.Shivaji Maratha Society and Ors. ..Respondents .... Mr.A.V.Anturkar Sr.Advocate i/b Sugandh Deshmukh for Appellant Mr.S.V.Pitre for Respondent No.2 Ms.M.P.Thakur AGP for Respondent No.4 .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 13, 2009 DATE : MARCH 13, 2009 DATE : MARCH 13, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. 2. This Letters Patent Appeal is preferred impugning the interim order passed by the learned [-2-] Single Judge on 22.8.2008 in Civil Application No. 2183 of 2007. 3. The Appellant who is the original Petitioner moved the learned Single Judge for seeking the stay of the order passed by the Presiding Officer of University and College Tribunal, Pune as well as permit the applicants to appoint any other suitable candidate to the post of Lecturer in Marketing Management in the Institute of Management and Research run by them. 4. The learned Single Judge came to the conclusion that though the Petitioners are ready and willing to re-instate the Appellant in accordance with the order passed by the Tribunal on 25.8.2004, he has failed to report for duty. Therefore, it proceeded to pass a conditional order that in the event, the Appellant fails to report for duty by the end of working hours on 1.9.2008, the original Petitioners would be free to advertise the post of Lecturer in Marketing Management in the Institute of Management and Research run by them and dispose of the application in the aforesaid terms allowing prayer clauses (b) and (c). [-3-] 5. It is the contention of Mr.A.V.Anturkar, the learned Senior Advocate appearing for the Appellant that the Appellant is presently having a temporary job in another Institution and unless the Respondent-Management discloses the pay-scale on which the Appellant would be reinstated, the Appellant would be taking a risk for leaving his present assignment and therefore, the Appellant feels insecure in the matter. In so far as this contention is concerned, it is already foreclosed by the Division Bench of this Court in a Writ Petition filed by the Appellant i.e. Writ Petition No. 6269 of 2007 disposed on 20.12.2007. 6. We are of the view that in the given facts and circumstances, the learned Single Judge was right in allowing the Management to fill in the post after giving the Appellant an option to elect to join the post in terms of orders passed by the University and College Tribunal, Pune and on failure on the part of the Appellant to join his duties, permitting the Respondent-Management to advertise the post so as to fill in the vacancy. [-4-] 7. The impugned order does not suffer from any error or illegality because Institution cannot be left without a faculty member considering the fact that the Appellant does not want to resume duties unless he is informed of his pay-scale which rather reflects on his conduct of unwillingness to resume the post. Therefore, L.P.A. is dismissed. Civil Application does not survive and is disposed of accordingly. 8. Liberty to the counsel for the parties to move before the learned Single Judge for expediting the hearing of the Writ Petition. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]