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Bombay High Court

LAXMAN RAJARAM MOREversusNIRMALA GURUBALAPPA HUTGI AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that nothing survives in the contempt petition and it is disposed of.

Summary

The Court considered a contempt petition filed by Laxman Rajaram More, seeking enforcement of an interim order that barred his termination during the pendency of Writ Petition No. 2897 of 2013. The petitioner alleged that, although the School Tribunal set aside his termination, the respondent management reinstated him only on 27 January 2014, seven months after his dismissal, and he claimed entitlement to back wages from the date of termination (21 May 2013). The Court noted that the management had already reinstated the petitioner before the School Tribunal’s final order and that the contempt order was limited to a ten‑week period from 14 February 2014. It held that the petitioner must pursue any grievance regarding the actual date of reinstatement through appropriate legal proceedings, not through the present contempt petition. Consequently, the Court disposed of the contempt petition, stating that nothing survives in it.

Issues considered

  • Whether the contempt petition remains maintainable after the petitioner was reinstated by the respondent prior to the School Tribunal's order.
  • Whether the petitioner is entitled to back wages for the period between his termination and reinstatement.
  • Whether a fresh contempt petition can be filed based on the School Tribunal's order.

Subjects

  • contempt
  • reinstatement
  • termination
  • School Tribunal
  • writ petition
  • interim relief
  • back wages

Judgment

2026:BHC-AUG:38855-DB


                                        1                  914 CONTEMPT PETITION NO. 398 OF 2013



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                        914 CONTEMPT PETITION NO. 398 OF 2013
                                  IN WP/2897/2013

                               LAXMAN RAJARAM MORE
                                          VERSUS
                     NIRMALA GURUBALAPPA HUTGI AND ANOTHER
                                            …..
            Adv. S. S. Jadhavar, Advocate for the Petitioner
            Adv. N. B. Patil, AGP for Respondents-State
            Adv. Ganesh Kedar h/f Adv. A. M. Karad, Advocate for Respondents
                                            …..

                                  CORAM : SANDIPKUMAR C. MORE AND
                                          VAISHALI PATIL-JADHAV, JJ.

                                  DATED : 27/08/2026
            Per Court:

            .     Heard.



            2.    In the order under contempt the only interim relief in terms of

            amendment to prayer clause (C-1) was granted, which states that

            during the pendency of the main Writ Petition No. 2897 of 2013,

            the petitioner should not be discontinued by terminating his

            services. Thereafter, the said Writ Petition No. 2897 of 2013 was

            disposed of finally by this Court, vide order dated 14.02.2014 by

            directing the petitioner to approach before the concerned School

            Tribunal for challenging the order of his termination.
                              2                   914 CONTEMPT PETITION NO. 398 OF 2013



3.    The learned counsel for the petitioner submits that though

the School Tribunal had set aside the order of termination of the

petitioner,   the   respondent      management    had        reinstated               the

petitioner on 27.01.2014 i.e. after seven months of his termination.

Thus, he has raised a grievance that petitioner was not paid for the

period till his reinstatement. According to the learned counsel for

the petitioner, management should have been reinstated the

petitioner from the date of his termination i.e. 21.05.2013.



4.    However, it is to be noted that prior to disposal of the

proceeding     before   the       School   Tribunal,     the          respondent

management had already reinstated the petitioner. If the petitioner

claims that he should have been reinstated from 21.05.2013, then

he must take appropriate proceedings as permissible under law to

raise such grievance. The order under contempt in this petition was

only limited to a period of ten weeks from 14.02.2014. It is also

suggested to the petitioner that if the School Tribunal had passed

an order of his reinstatement from 21.05.2013, then also the

petitioner would have an opportunity to file a fresh contempt

petition in view of final order of School Tribunal, from effective date

i.e. 21.05.2013.
                                  3                   914 CONTEMPT PETITION NO. 398 OF 2013



5.         Therefore, in view of the same, nothing survives in this

petition and it stands disposed of.



6.         It is made clear that if the petitioner is aggrieved in respect of
his actual date of reinstatement, then he may take out appropriate
proceedings as permissible under law.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/


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