← Library
Bombay High CourtWP/3549/2008disposed offdismissed for default

Ramchandra Jairam Kunde v. The Secretary Vidyasagar Shikshan Prasarak Mandal And ORS

2015-05-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

3549.08wp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3549 OF 2008 Ramchandra s/o Jairam Kunde, Age: 55 years, Occ: Service (presently Nil), R/o. House No. 90, Marwadi Galli, Gangapur, Taluka Gangapur, Dist. Aurangabad.

...Petitioner

versus 1.

The Secretary, Vidyasagar Shikshan Prasarak Mandal, Aurangbad, N-12, G-55, Hudco, Aurangabad, Dist. Aurangabad.

2.

The Head Master, Vidyasagar Kanya Prasala, Khandala, Tal. Vaijapur, Dist. Aurangabad.

3.

The Education Officer (Secondary), Zilla Parishad, Aurangabad.

...Respondents

.....

Mr. H.A. Joshi, Advocate for petitioner.

Mr. K.J. Suryawanshi, Advocate for respondent Nos.1 & 2. Mr. D.R. Korde, A.G.P. for respondent/State.

.....

CORAM : N.W. SAMBRE, J.

DATE : 7TH MAY, 2015 ORAL ORDER :

The petitioner claims to be in the employment of respondent-management since 01/05/1984 suffered a termination on 29/10/2007 resulting into filing of appeal No. 28 of 2007 before the

3549.08wp -2School Tribunal, Aurangabad, which came to be dismissed on 21/04/2008. As such, present writ petition.

2.

Parties to the petition are personally present before the Court. They have tendered the compromise deed, whereby the respondent-management agree to grant reinstatement to the petitioner without back wages. Compromise deed is taken on record. 3.

In view of the compromise terms, writ petition stands disposed of with following additions.

The respondent-management shall forward proposal to the Education Department in the matter of grant of approval and continuity of service without back wages and the Education Department is directed to decide the same, in accordance with law. [ N.W. SAMBRE, J. ] Tupe/07.05.15