JUDGMENT :

1. Heard Mr. Sudhanshu Jha, learned advocate for the petitioner, Mr. Kurven Desai, learned AGP for respondents no. 1 and 2, Mr. Viral Salot, learned advocate for respondent no. 3 and Mr. C.P. Champaneri, learned advocate for respondent no. 5. Though served, none appears for respondent no. 4.

2. The facts in this petition need not be reiterated as they have been extensively referred in the order dated 07.08.2020 which reads as under:

"1. Heard Mr. Sudhanshu Jha learned advocate for the petitioner, Ms. Niddhi Vyas learned AGP for the State and Mr. Viral Salot learned advocate for respondent no.3.

2. The case of the petitioner is that he was working with the respondent No.3 school since 1997. Because of the reduction of classes of Standard 11 and 12 in the respondent no.3 school, the petitioner was declared surplus by an order dated 18.09.2019. The petitioner's case is that unless and until he is absorbed in other school, the respondent continues to be liable to pay salary to him. On 24.09.2019, the District Education Officer passed an order directing that the respondent no.2-school absorbs the petitioner. The petitioner was relieved by the respondent no.3 on 25.09.2019. The ca