1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.4683 OF 2009 IN WRIT PETITION NO.4806 OF 1997 Jagannath s/o Bhivsan Mistry ... APPLICANT VERSUS Satpuda Shikshan Prasarak Mandal, Dhule and others ... RESPONDENTS ..... Shri Wakde, Advocate holding for Shri R.J. Godbole, Advoate for the applicant. Shri H.V. Tungar, Advocate holding for Shri C.R. Deshpande, Advocate for respondent Nos.1 & 3 Shri S.S. Mundhe, Advocate holding for Shri S.P. Brahme, Advocate for respondent No.2. ..... CORAM : S.P. DAVARE, J. DATED : 17th June, 2009. ORAL ORDER: 1. The applicant has preferred the present Civil Application for directions to office to fix up the Writ Petition No.4806/1997 for final hearing. 2. The applicant contends that he has challenged the legality and validity of judgment and order dated 19.2.1997, passed by learned 2 School Tribunal, Nasik in Appeal No.51/1995 before this Court in Writ Petition No.4806/1997 and same is pending. The applicant also contends that, this Court has passed the order Rule. Expedited” on “ 23.11.1998 in the said Writ Petition. However, the said matter has not been posted till today for final hearing. 3. The applicant further contends that he was serving in the school of the respondents since June 1982 as Superintendent and rendered services for more than 13 years satisfactorily and regularly and as such, he got confirmation as per Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and as such he was a permanent employee, but was terminated by the respondent taking undue advantage of his undated resignation without following due process of law to remove him from service. 4. The applicant further submits that, he is having two sons and it is difficult for him to maintain his family without salary and work. 5. Heard respective counsel for the parties. 6. Considering the submissions advanced by learned counsel for the parties and considering that the Writ Petition No.4806/1997 is 3 pending since last more than 12 years, the matter needs to be taken up for final hearing. Besides that, the applicant/ petitioner is out of service and as contended by him, he is having two sons and it is very difficult for him to maintain his family without salary and work. However, this Court has already passed the order Rule. Expedited”, and thereby “ expedited the hearing the Writ Petition. 7. Hence, in view of the aforesaid position, there is no impediment in expediting the hearing of the present Writ Petition in the interest of justice. Accordingly, the Civil Application is allowed in terms of prayer clause (B) thereof and it is directed that the Writ Petition No. 4806/1997 be placed for final hearing on 27.7.2009 at 2.30 p.m. Civil Application stands disposed of accordingly. (S.P. DAVARE, J.) fmp/ca4683.09