1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3256 OF 2009 (Mohd. Allimuddin Mohd. Sagiruddin vs. The Education Officer and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : NOVEMBER 11 , 2009 Heard Shri Parchure, learned Counsel for the petitioner, Shri Adgokar, learned Assistant Government Pleader for the respondent no.1, and Shri Gilda, learned Counsel for the respondent no.2. The petition is directed against the communication dated 17.7.2009 whereby order dated 30.6.2009 passed by the Education Officer granting extension to the petitioner as Principal of the School in question after superannuation came to be cancelled. Shri Parchure, learned Counsel for the petitioner, states that extension, which was granted 2 to the petitioner was for the first term of the concerned academic year. It is submitted that as per Clause 52.1 of the Secondary School Code, first term commences from the month of June every year and ends in October of that year and, therefore, extension which was granted to the petitioner was for the said duration, which was cancelled by the Education Officer by the impugned communication in the month of July itself, which was not proper. Shri Adgokar, learned Assistant Government Pleader for respondent no.1, and Shri Gilda, learned Counsel for the respondent no.2, have disputed the contentions canvassed by the learned Counsel for the petitioner. Be that as it may, considering the issue involved, we feel it appropriate to permit the petitioner to make a representation to the Education Officer for redressal of his grievance against the impugned communication dated 17.7.2009 issued by the Education Officer (Secondary), Zilla Parishad, Yavatmal within a period of fifteen days from today. If such representation is made by the petitioner, we direct the respondent Education Officer to decide the 3 same within six weeks from the date of receipt of the representation, after giving reasonable opportunity of hearing to the petitioner as well as respondent no.2. The impugned communication shall not come in the way of re-consideration of the issue by the respondent Education Officer. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj