( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8044 OF 2010 Kum. Nirmala d/o. Ghanshyam Kedari .. Petitioner Age. 39 years, Occ. Service, R/o. New Bethel Colony, Station Road, Ahmednagar, District – Ahmednagar. Versus 1. The State of Maharashtra .. Respondents Through its Secretary, Department of Education, Mantralaya, Mumbai – 32. 2. The Headmistress, S.A. William Booth Memorial High School, Fariyabag, Solapur Road,, Ahmednagar, District Ahmednagar. Mr. S.S. Jadhavar, Advocate for the petitioner. Mr. K.G. Patil, A.G.P. for respondent No.1. Mr. S.P. Brahme, Advocate for respondent No.2. CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATED : 04.10.2010 ORAL JUDGMENT [ PER – B.R. GAVAI,J.] :- 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has filed present petition for writ ( 2 ) of mandamus directing the respondents to reinstate the petitioner in service w.e.f. 16th August, 2010 with all consequential benefits. 3. It is case of the petitioner that in view of Rule 37 (2) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, in case inquiry is not completed within 120 days from the date of first meeting of committee or from the date of suspension of employee, the employee is deemed to be reinstated. 4. Mr. Brahme, learned Counsel appearing on behalf of respondent No.2 makes categorical statement that the petitioner would be reinstated forthwith. However, he submits that the liberty be granted to respondent No.2 to continue with the inquiry. The issue is no more res-integra. The Division Bench of this Court in the case of Hamid Khan Nayyar Habib Khan V/s. Education Officer, Secondary, Zilla Parishad, Amravati & Others, 2004 (6) Bom.C.R.871, has held that on suspension of employee, upon expiry of 120 days from the date of first meeting of the committee or from the date of suspension of employee, the employee should be deemed to ( 3 ) have rejoined duties and he shall be entitled to consequential benefits that would flow in terms of Rule 37 (2) of the Rules. 5. Rule is thus made absolute in terms of prayer clause (C). It is made clear that in case the suspension allowance is not paid for the period for which the petitioner was under suspension, respondent No.2 and the management shall pay the same within a period of four weeks from today either by a demand draft or by a crossed cheque in favour of the petitioner. 6. It is needless to mention that as observed by the Division Bench in the aforesaid case, the Management would be at liberty to proceed further with the inquiry. 7. The petition is disposed of with no order as to costs. [A.A. SAYED,J.] [B.R. GAVAI,J.] snk/2010/OCT10/wp8044.10