Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.2046 of 1998 Chairman & another Umbarde Panchakroshi Shikshan Mandal ..Petitioner V/s. Shri Shaileshkumar P. Parab & anr. ..Respondents Mr.Umesh R.Mankapure for the Petitioner CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 8th February , 2008 : 8th February , 2008 : 8th February , 2008 P.C. The Petitioners have challenged the Judgement and order dated 31-3-1998 rendered by the School Tribunal at Kolhapur thereby allowing Appeal No. 35/1996 filed by the present Respondent No.1. By the impugned order the Petitioners were directed to promote the Respondent No.1 as Head Master w.e.f. 8-11-1993 and to hand over the charge of the said post to him. 2. Earlier Petitioner No.2 was the Head Master and he was required to hand over charge to Respondent No.1, however, the impugned order came to be stayed by this Court while admitting Writ Petition on 27-4-1998. Consequently, the Petitioner No.2 remained in the said post as Head Master and on reaching the age of superannuation he has retired from the said post on 28-2-2005. 2 3. As per Mr.Mankapure, the learned counsel for the Petitioners on the retirement of Petitioner No.2, Shri Ashok Kamble came to be appointed as Head Master w.e.f. 1-3-2005 and said appointment has been challenged by the present Respondent No.1 in Writ Petition No.2163/2005 which is presently pending. 4. It is, therefore, clear that this petition has become infructuous as of now and the same is hereby dismissed as infructuous. It is made clear that the dismissal order would not create any right in favour of Respondent No.1 and no recoveries could be made against the Petitioners. 5. Rule discharged with no order as to costs. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]