FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.6/2008 Shri A.N.Kakade,Adv.for petitioner. Shri S.K.Kadam,AGP for State Smt.Manjusha Deshpande,Adv.for R.2 Shri R.J.Godbole,Adv.for R.3 & 4. .... CORAM : A.P.DESHPANDE N.D.DESHPANDE,JJ. DATE : 3rd March, 2010. 1] By this petition, the petitioner is seeking a writ of mandamus against respondent no.5 with a view to command the said respondent to submit proposal of the petitioner for grant of approval as a Junior Clerk. A further direction is sought against respondent no.2 to grant approval to the appointment of the petitioner. The petitioner claims that being eligible and qualified, he was appointed as Junior Clerk in the primary school administrated by the management in the year 2001. 2] The respondent management has filed an affidavit in reply and it is asserted that the petitioner is presently not working in the school as he has relinquished his claim by tendering resignation on 11/9/2006. The learned counsel for the petitioner disputes the legality and correctness of the said letter of resignation. If the petitioner is aggrieved on account of cession of relationship of employee and employer consequent upon the resignation letter, the petitioner has a remedy to file an Appeal before the School Tribunal turming the said cession as otherwise termination of service. Various disputed questions of facts arise in this petition for adjudication, which cannot be gone into in exercise of writ jurisdiction. 3] In the result, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file an Appeal before the Presiding Officer of the School Tribunal under the Provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Petition is allowed to be withdrawn with liberty as prayed for. [N.D.DESHPANDE] [A.P.DESHPANDE] JUDGE JUDGE umg/wp6-08