Solapur University v. Sharad Shankar Pawar And ANR

Digitally signed by MEERA MAHESH JADHAV Date:

2023.03.18 11:44:49 +0530 1/9 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.49 OF 2011 IN WRIT PETITION NO.9677 OF 2010 Solapur University ....Appellant V/s.

Sharad Shankar Pawar & Anr

...Respondents

WITH INTERIM APPLICATION (L) NO.6773 OF 2023 IN LETTERS PATENT APPEAL NO.49 OF 2011 WITH LETTERS PATENT APPEAL NO.50 OF 2011 IN WRIT PETITION NO.9678 OF 2010 WITH CIVIL APPLICATION NO.55 OF 2017 IN LETTERS PATENT APPEAL NO.50 OF 2011 ---- Mr. I. M. Khairdi for Appellant in both appeals. Mr. M. V. Thorat for Respondent No.1 in LPA/49/2011 Mr. Rushikesh Kale for Respondent No.1 in LPA/50/2011 Mr. Sandeep Koregave for Applicant in IA(l) 6773 of 2023 Ms K. N. Solunke AGP for State in both appeals. ---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL JJ DATED : 17th MARCH 2023 P.C. :

LETTERS PATENT APPEAL NO.49 OF 2011 Mr. Khairdi and Mr. Thorat state that appellant and respondent no.1 have settled their inter se disputes. Both counsel tendered minutes titled as consent minutes of order dated 16th March 2023 reproducing therein terms

2/9 of settlement, which is taken on record and marked "X" for identification. The said consent minutes of order is scanned and reproduced herein below:

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7/9 As suggested by counsel on behalf of their respective clients, the judgment and order dated 16th September 2010 passed in Appeal No.7 of 2010 by the College Tribunal Pune, is modified as under: (a) Appellant withdraws the termination order dated 4th November 2009.

8/9 (b) Respondent No.1 is allowed to resume duties as Record Keeper cum Clerk with continuity in service and with all service benefits, save and except all the monetary benefits since the date of termination, i.e. 4th November 2009 till date of rejoining.

(c) Statement of respondent no.1 that he has waived his claim for back wages and monetary benefits and will not ever claim the same, is accepted. Respondent no.1 may execute indemnity bond to that effect directly with appellant.

(d) Appellant shall submit papers / service book recording continuity of service of respondent no.1 as per law within four weeks to the Joint Director of Higher Education for necessary action.

(e) Statement of appellant that respondent no.1 will be treated to be in continuous service since the date of termination, i.e., 4th November 2009 till reinstatement on the same post and on the same pay scale alongwith all service benefits (pay fixation), excluding the monetary claim / back wages, is accepted.

In view of the above, letters patent appeal stands disposed with no order as to costs.

INTERIM APPLICATION (L) NO.6773 OF 2023 This application is to intervene in Letters Patent Appeal No.49 of 2011.

At the outset, we would say since, it is a matter between appellant and respondent no.1, intervenor has no locus to intervene and, therefore,

9/9 interim application cannot be entertained. If intervenor's service conditions are affected, he may take such steps as advised independently. He cannot seek any relief or demand to be heard in this Letters Patent Appeal. Interim application accordingly stands dismissed. LETTERS PATENT APPEAL NO.50 OF 2011 List the appeal for filing settlement terms on 10th April 2023. On the next date, if settlement terms are not filed, parties will go on with the matter.

(RAJESH S PATIL, J.) (K.R. SHRIRAM, J.)