1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4529 OF 2009 (Sanjay Dhanraj Naukarkar vs. The Education Officer (Secondary) and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri P.N. Shende, Advocate for petitioner. Shri A.S. Fulzele, Assistant Government Pleader for respondent no.1. Shri P.R. Wagh, Advocate for respondent nos. 2 and 3. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JULY 15, 2010 Heard learned Counsel for the parties. In this petition, the petitioner is seeking direction to the Education Officer to grant approval to his appointment as a Physical Training Instructor. He has also prayed for recovery of arrears of salary. Respondent nos. 2 and 3 have filed their submissions and to their submissions, they have annexed a letter dated 27/10/2005. By this letter, they claim that they terminated service of the 2 petitioner with effect from 30/10/2005. According to the petitioner, he was working as Physical Training Instructor till 2007. He submits that he never received the letter dated 27/10/2005 issued by the Institute terminating his service. He had no knowledge of any such letter having been issued by the Institute till it was placed on record along with submissions dated 25/1/2010. In view thereof, learned Counsel for petitioner prays for withdrawal of the petition with liberty to the petitioner to challenge the letter of termination dated 27/10/2005 by way of appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1971. We accordingly dispose of the writ petition as withdrawn with liberty as prayed. All contentions of the parties are kept open. It is open to the petitioner to seek all the reliefs, which he is entitled for, before the School Tribunal in the appeal. JUDGE JUDGE khj 3