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Bombay High CourtWP/3550/2008disposed offdismissed for default

Nirmala Arjun Kawade v. The President Subhash Damodhar Deshmukh And ANR

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

3550.08wp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3550 OF 2008 Nirmala d/o Arjun Kawade, Age: 42 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 Education Officer (Secondary), Zilla Parishad, Aurangabad.

...Respondents

.....

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

Mr. K.J. Suryawanshi, Advocate for respondent No.1. Mr. R.P. Phatke, A.G.P. for respondent No. 2. .....

CORAM : N.W. SAMBRE, J.

DATE : 7TH MAY, 2015 ORAL ORDER :

Leave to amend the cause title of respondent No.1. Respondent No.1 President be substituted by Secretary. 2.

The petitioner claims to be in the employment of respondent-management since 19/06/1991 suffered a termination on

3550.08wp -217/10/2007 resulting into filing of appeal No.27 of 2007 before the School Tribunal, Latur, which came to be dismissed on 21/04/2008. As such, present writ petition.

3.

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. 4.

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