Case Note & Summary
The judgment concerns two connected writ petitions: Writ Petition No.385/2004 filed by Shyamsunder Eknath Hadke, a retired employee of Mahatma BahuUddeshiya Shikshan Sanstha, challenging his termination and seeking absorption and salary arrears; and Writ Petition No.587/2004 filed by the Sanstha and the college challenging the Deputy Director of Education's order directing absorption. The background is that the employee was initially employed by the Sanstha, but after a dispute, the court on 16.04.2004 passed an interim order directing that the employee be placed in the list of surplus teachers and be absorbed in accordance with rules, with salary from that point to be paid by the Education Department. The issue of responsibility for arrears was left open. Subsequently, the employee was absorbed by another management pursuant to that order. At the final hearing, the court noted that the interim order had merged with the final order and that the employee had already been absorbed and was receiving salary. The court held that no further relief could be granted and that the petitions had become infructuous. The court dismissed both writ petitions, leaving the parties to bear their own costs. The court did not examine the issue of arrears as it was not pressed.
Headnote
A) Service Law - Absorption of Surplus Employee - Interim Order Merges with Final Order - The employee was absorbed pursuant to an interim order of the court, and the court held that the interim order merges with the final order, rendering the petitions infructuous. The court declined to examine the issue of responsibility for payment of arrears as the employee had already been absorbed and was receiving salary from the Education Department. (Paras 1-2)
Issue of Consideration
Whether the writ petitions challenging the termination of an employee and seeking absorption and salary arrears survive after the employee has been absorbed pursuant to an interim order of the court.
Final Decision
Both writ petitions are dismissed as infructuous. No order as to costs.
Law Points
- Interim order merges with final order
- no separate challenge to interim order after final disposal
- writ petition becomes infructuous if relief already granted
Case Details
2018 LawText (BOM) (03) 114
Writ Petition No.385 of 2004 and Writ Petition No.587 of 2004
B.P. Dharmadhikari, Arun D. Upadhye
Shri H.A. Deshpande (for petitioner in WP 385/2004 and respondent in WP 587/2004), Mrs. A.R. Kulkarni (AGP for State), Shri A.A. Naik (for respondents in WP 385/2004 and petitioners in WP 587/2004)
Shyamsunder Eknath Hadke (in WP 385/2004); Mahatma BahuUddeshiya Shikshan Sanstha & Anr. (in WP 587/2004)
Deputy Director of Education & Ors. (in WP 385/2004); State of Maharashtra & Ors. (in WP 587/2004)
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Nature of Litigation
Service dispute between an employee and an educational institution regarding termination and absorption.
Remedy Sought
Employee sought quashing of termination, absorption as surplus teacher, and salary arrears; Institution challenged Deputy Director's order directing absorption.
Filing Reason
Employee was terminated by the institution; institution challenged the order of Deputy Director of Education directing absorption.
Previous Decisions
An interim order dated 16.04.2004 directed that the employee be placed in the list of surplus teachers and be absorbed, with salary from that point to be paid by the Education Department; issue of arrears left open.
Issues
Whether the writ petitions survive after the employee has been absorbed pursuant to the interim order.
Whether the court should decide the issue of responsibility for payment of arrears.
Submissions/Arguments
Employee argued for absorption and arrears.
Institution argued against the Deputy Director's order.
State submitted that the employee has been absorbed and is receiving salary.
Ratio Decidendi
An interim order merges with the final order, and once the relief sought in the petition has been granted through the interim order, the petition becomes infructuous and no further adjudication is required.
Judgment Excerpts
In the light of this order, the employee has been absorbed by another management after order of this Court, dated 16.04.2004.
In this situation, we find that the petitions have become infructuous. Both the petitions are accordingly dismissed.
Procedural History
Writ Petition No.385/2004 filed by employee challenging termination; Writ Petition No.587/2004 filed by institution challenging Deputy Director's order. On 16.04.2004, interim order passed directing absorption of employee. Employee absorbed pursuant to that order. Final hearing on 09.03.2018.
Acts & Sections
- Bombay Public Trusts Act, 1950:
- Societies Registration Act, 1860:
