Bombay High CourtWP/190/2014

Mrs.Rashmi Mahesh Tawade v. The Clare Road Jesus And Mery Society And 5 ORS

2015-04-24Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice B.R. Gavai2 pages

wp.190-2014 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGIGINAL CIVIL JURISDICTION WRIT PETITION NO.190 OF 2014 Mrs. Rashmi Mahesh Tawade ..Petitioner Vs.

The Clare Road Jesus & Mary Society & Ors ..Respondents.

----- Mr.Sachin Pande for Petitioner.

Mr. A.G. Kothari, for Respondent Nos.1 and 2. Mr. Bharat Mehta, AGP for Respondent Nos.3 to 6. --- CORAM: B.R. GAVAI & A.S. GADKARI, JJ.

DATE : 24th April 2015.

P.C.:

Rule. Rule made returnable forthwith by the consent of the parties.

The Petitioner and the Respondent Nos.1 and 2 have amicably settled the matter, and accordingly filed Minutes of Order dated. The said Minutes of Order are taken on record and marked "X" for identification. The Petition is therefore partly allowed in the following terms. (i) The Petitioner to report to Respondent No.2-School on 26th April 2015. Since the post on which the Petitioner is being accommodated

wp.190-2014 is clear and vacant post and since the Respondents-Authorities had already granted approval to the appointment of the Petitioner, it is directed that the approval granted to the Petitioner shall continue to operate. (ii) It is further directed that the salary bills of the Petitioner shall be forwarded by the Respondent Nos.1 and 2 to the Respondent No.3 which salary bills shall be passed by the Respondent Nos.3 to 5 with effect from 26th April 2015.

(iii) Insofar as the salary between 23rd December 2013 to 26th April 2015 is concerned, the Petitioner would be at liberty to make a representation to the Respondent Nos.3 to 5 which would be considered by the Respondent Nos.3 to 5 in accordance with law. (iv) It is further directed, though we are not passing any order regarding claim of back-wages, the Petitioner shall be entitled to continue in the service from initial date of her appointment i.e. 1st August 2008 for all purposes including pay fixation and pensionary benefits. (v) In the facts and circumstances of the case, no order as to costs. (A.S. GADKARI, J.) (B.R. GAVAI, J.)