: 1 : wp.5382.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5382 OF 2011 Haresh Kumar Sharma .. Petitioner V/s. The Chairman, Board of Governors Sainik School & Ors. .. Respondents Mr.Dilip Bodake for the Petitioner Mrs.Aruna S. Pai with Mr.G. Hariharan for the Respondent s CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: SEPTEMBER 7, 2011 P.C.: 1. We have heard Mr.Bodake, learned Counsel for the petitioner and Mrs.Pai for the Respondents. The Petitioner who has been dismissed from service as Assistant Teacher is aggrieved at the first instance by the order dated 15.6.2010 passed by Respondent No.1 and secondly by order dated 5.7.2011 by which both his children were withdrawn from the school and the petitioner was called upon the collect the School Leaving Certificates. : 2 : wp.5382.2011 2. So far as the dismissal order is concerned, admittedly the petitioner has submitted an appeal as provided under the Service Rules and Mrs.Pai, the learned Counsel for the respondents states on instructions that the said appeal has been forwarded to Respondent No.1 in the month of July 2011, the appeal would receive its due consideration. 3. Referring to the order of status quo passed by this Court on 27.7.2011, Mrs.Pai states on oral instructions that during the pendency of the petitioner’s appeal, the children will not be withdrawn from the School as was stated in the impugned order dated 5.7.2011 and even as of now, they continue to be the students of the Sainik School at Satara. The decision on the pending appeal may take some time but so long as the appeal is pending, the children of the petitioner will continue to be the day scholars of the Sainik School at Satara. It is also stated by Mrs.Pai, on instructions from the Officer present in Court representing the Respondents, that so long as the Petitioner’s appeal is pending, he and his family members will not be asked to vacate from the residential quarter and in such eventuality it will be as per the Servie Rules. : 3 : wp.5382.2011 4. In view of the statements made across the bar and recorded by us, nothing further survives in the petition and it is disposed off as such. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)