Deccan Education Society, And ANR v. Ashutosh Nandkumar Ranade And ANR

2023:BHC-AS:33725

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5689 OF 2011 Deccan Education Society & Anr.

...Petitioners

Versus

Ashutosh Nandkumar Ranade & Anr.

...Respondents

Ms. Druti R. Datar, for the Petitioners.

Mr. S. D. Rayrikar, AGP, for the State/Respondent No.2. CORAM : MADHAV J. JAMDAR, J.

DATED : 3rd NOVEMBER 2023 P.C. :

1.

Heard Ms. Datar, learned counsel appearing for the Petitioners, Respondent No.1-Ashutosh Nandkumar Ranade, who appears in person and Mr. Rayrikar, learned AGP appearing for Respondent No.2-Education Officer (Secondary), Zilla Parishad, Pune. 2.

Ms. Datar, learned counsel appearing for the Petitioners and Respondent No.1-Ashutosh Nandkumar Ranade, who appears in person state that the dispute between the contesting parties has been settled in terms of the Consent Terms.

3.

The Consent Terms are signed by Mr. Neel Helekar-trustee of the Petitioner No.1-trust and by the Respondent No.1. 4.

Accordingly, the said Consent Terms are taken on record and 1/3

marked "X" for identification.

5.

The said Consent Terms reads as under:- "CONSENT TERMS The parties herein above respectfully state and submit that they have settled all their differences and disputes between them out of court on the following terms. Therefore, this writ petition may kindly be disposed of in terms of the Minutes of Order.

1. The Petitioner Management agrees to withdraw all the charges and allegations leveled against Respondent No 1. The Petitioner therefore withdraws the termination order dated 14/06/2008 issued to the Respondent No 1 employee.

2. The petitioner Management agrees to reinstate the Respondent No 1 notionally in the service of Deccan Education Society with continuity of service but without back wages.

3. The Respondent No 1 agrees that will not claim any back wages from 14/06/2008 from the Petitioner society and from Respondent No 2- Education Officer Zilla Parishad, Pune.

4. The Respondent will not claim any other monetary benefits from the Petitioner Management. The parties have settled all their disputes and differences against each other and have therefore agreed to withdraw all the 2/3

pending proceedings (Civil as well as Criminal) including LPA No 109 of 2013 pending before this Hon'ble Court as well as Execution proceedings, filed, if any, immediately and unconditionally.

5. Respondent No 1 employee has already submitted voluntary retirement application to the Petitioner Management on 1/8/2023. The Petitioner Management has decided to accept the same and now forward it to the Education officer within a period of two weeks from the date of this order.

6. Respondent No 2 Education officer shall forward the said application to the State Government within a period of four weeks and shall take all the necessary steps to release the retirement benefits of the Respondent No 1 employee.

7. The Respondent No 1 Employee shall cooperate the Petitioner and the Education officer to complete the required documentation.

8. The present Writ Petition may be disposed of in the above terms."

6.

Accordingly, the Writ Petition is disposed of in terms of the Consent Terms, however with no order as to costs. [MADHAV J. JAMDAR, J.] 3/3