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2008 Supreme(Bom) 899

S.C.DHARMADHIKARI
State of Maharashtra – Appellant
Versus
Gopalkrishna N. Gaggar – Respondent


Advocates appeared:
Mr.C.J.Sawant, Senior Advocate with Ms.Geeta Shastri, Mr.D.A.Nalawade, G.P., Ms.S.M.Dandekar, A.G.P., Mr.R.J.Mane, Mr.P.K.Jadhav, Mrs.Mugdha Jadhav, Mrs.Uma PalsuleSawant, Mr.I.C.Calcuttawala, Mr.J.G.Saluja, Mr.A.B.Ketkar, Ms.Smeeta Gaidhani, Ms.S.S.Joshi and Ms.Sandhya Shridharan, A.G.Ps. for petitioner – State Mr.Sunil Dighe for respondent No.1Mr.C.R.Sadashivan for respondent No.1 in W.P.Nos.1352/08, 1329/08 and 1351/08. Mr.M.P.S.Rao with Mr.Kothari i/by Prakash Mahadik for respondent No.2 and 3. Mr.Venkatesh Dhond i/by Sundeep Dadwal for respondent No.1 in W.P.1329, 1351 and 1352 of 2008.

ORAL JUDGEMENT:- .

Rule. Learned Advocates for respective respondents waive service. Heard parties by consent.

These writ petitions are by the State of Maharashtra and they are directed against the order of the School Tribunal dated 3rd November 2007 in a batch of appeals preferred by the employees. The appeals of the employees/teachers have been allowed in the following terms:-

"a) The Respondent No.1 and 2 to forward the name of appellant as surplus teacher due to reduction in workload to the Respondent No.3 within a period of thirty days from the date of this order.

b) The Respondent No.3 is directed to absorb the appellant as surplus teacher in another aided Junior College in the City of Mumbai. Till then the Department shall pay the salary to the appellant."

2. The petitions are filed by the State of Maharashtra through the Secretary, Department of School Education and Sports and the Director and Dy.Director of Education, Greater Mumbai Region. Secretary. Petitioners state that respondent No.1 in each of these petitions is the original appellant and respondent Nos. 2 and 3 are the respective respondents (Management). They are Original Appellants and the Respondents before the



























































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