Vidya Pratishthan, Vidyanagari, Through Secretary And ANR v. Miss. Deepmala Babanrao Waghmare And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8401 OF 2013 Khade Meghana Hindurao ..Petitioner Vs.

Vidya Partishthan's College of Education & Ors. ..Respondents WITH WRIT PETITION NO.8400 OF 2013 Miss Deepmala Babanrao Waghmare ..Petitioner Vs.

Vidya Partishthan's College of Education & Ors. ..Respondents Mr. V. N. Tayade for the Petitioners Mr. A. V. Anturkar Senior Advocate a/w Mr. Rushikesh Berge i/b Mr.S. B. Deshmukh for the Respondent No.1 WITH WRIT PETITION NO.7888 OF 2013 Vidya Partishthan Vidyanagari & Anr.

..Petitioner Vs.

Shri Dnyandev Laxman Deshmukh & Anr.

..Respondents WITH WRIT PETITION NO.7933 OF 2013 Vidya Partishthan Vidyanagari & Anr.

..Petitioner Vs.

Shri Meghana Hindurao Khade & Ors.

..Respondents

WITH WRIT PETITION NO.7927 OF 2013 Vidya Partishthan Vidyanagari & Anr.

..Petitioner Vs.

Miss Deepmala Babanrao Waghmare & Anr.

..Respondents Mr. A. V. Anturkar Senior Advocate a/w Mr. Rushikesh Berge i/b Mr. S. B. Deshmukh for the Petitioners Mr. V. N. Tayade for the Respondent No.1 Mr. Uday Warunjikar for the Respondent No.2 CORAM :

R. M. SAVANT, J.

DATE :

10th AUGUST, 2015 P.C.

The above Writ Petitions i.e. Writ Petition No.7888 of 2013, Writ Petition No.7933 of 2013, Writ Petition No.7927 of 2013 and Writ Petition No.8400 of 2013 are inadvertently not shown on today's daily board. By the consent of the Learned Counsel of the parties are taken up along with the above Petition filed by the Petitioner teacher. The above Petitions are cross Petitions challenging the Judgment and Orders of the College Tribunal dated 9-7-2013. The above Writ Petition No.8400 of 2013 and Writ Petition No.8401 of 2013 are filed by the two teachers who were terminated by the management. The Writ Petition No.7888 of 2013, Writ Petition No.7927 of 2013 and Writ Petition No.7933 of 2013 have been filed by the management aggrieved by the order granting

reinstatement.

In so far as Writ Petition No.7888 of 2013 is concerned, there is no cross Petition filed by the teacher Shri Dnyandev Laxman Deshmukh. Notwithstanding the same, the said teacher also been reinstated on the same terms and conditions as the Petitioner teachers herein. The above Petitions are pending admission. The above Petitions had come up before a Learned Single Judge of this Court on 28-8-2014 on which day, the Learned Counsel for the parties made a statement before the Learned Single Judge that the parties are exploring possibility of settlement. It appears that talks of settlement took place between the parties and ultimately resulted in the letters dated 30-6-2015 issued to the Petitioner teachers by the management.

The said letter is to the effect that the Petitioner teachers would be reinstated without there being any burden in respect of back wages. The reinstatement offered was in the English Medium School run by the management. The said two letters have been endorsed by the concerned teachers which endorsement is of the date 1-7-2015 and there is now no dispute in respect of the fact that the said two teachers are presently working with the English Medium School run by the Management after they have been reinstated on 1-7-2015.

The Learned Counsel appearing for the Petitioner teachers Mr. Tayade does not dispute the said position. In the light of the said settlement and having regard to the fact that the Petitioner teachers pursuant thereto have been reinstated, the impugned orders passed by the College Tribunal, Pune, are not required to be considered on merits as the settlement superimposes itself on the impugned judgment and orders. The impugned judgment and orders accordingly to stand set aside. All the Petitions including the Petitions filed by the teachers to accordingly stand disposed of. [R.M.SAVANT, J]