Nandini Namdeo Tijare v. Sai Shikshan Prasarak Mandal And Others

2025:BHC-AUG:18414 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION No.10150 OF 2013 Nandini d/o Namdeo Tijare

Versus

Shri Sant Gorobakaka Shikshan Prasarak Mandal, Wai and Others ...

Advocate for the Petitioner : Mr. V.D. Gunale AGP for Respondent/State : Mr. S.P. Joshi Advocate for Respondents : Mr. Shivsamb Jankawade ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : JULY 10, 2025 ORDER :- 1.

Present petition arises out of judgment and order dated 24.10.2013 passed by learned Presiding Officer, School Tribunal, Latur in Appeal No.05 of 2009, dismissing appeal filed by petitioner assailing termination order dated 16.01.2009, issued by respondent Secretary, Sai Sikshan Prasarak Mandal, Mukhed. 2.

The parties i.e. petitioner/employee and representatives of respondent/management have arrived at amicable settlement of dispute and presented terms of compromise before this Court. The terms of compromise are taken on record and marked as 'X' for identification. Respondent no.3/Education Officer, Zilla Parishad is not party present to compromise. Therefore, he shall be free to take his decision in accordance with law. Parties to compromise were relegated to Registrar (Judicial) for verification of terms of compromise. The learned Registrar upon verification of terms of

(2) compromise and ascertaining the correctness of contents of terms of compromise and settlement so arrived between the parties, submitted his report recording satisfaction as to correctness of compromise and settlement terms. After receipt of report of Registrar, parties are personally present before this Court and reiterated the correctness of terms of compromise.

3.

Perusal of terms of compromise shows that respondent/management agreed to exonerate petitioner from charges, consequential disciplinary inquiry and withdrawn inquiry report dated 04.01.2009 along with eventual order of dismissal dated 16.01.2009, so also agreed to reinstate petitioner in service as headmistress of Kai Parwatibai, Secondary and Higher Secondary School, Wai Bazar, Mahur, District Nanded.

4.

Respondent nos.1 and 2 agreed to forward the proposal for approval to appointment of petitioner as headmistress to respondent no.3 - Education Officer (Secondary), Zilla Parishad, Nanded and take further steps for inclusion of name in Shalarth Pranali for disbursement of salary. Respondents have also agreed to forward the bills of arrears of salary of petitioner and pursue concerned authority for sanction.

5.

The petitioner in turn agreed to resume duty as headmistress and discharge the same sincerely and honestly. She has further agreed that she would not claim arrears of salary from

(3) respondent/management unless the same is sanctioned by education department as per rules.

6.

In view of aforesaid terms of settlement, writ petition stands disposed of.

(S.G. CHAPALGAONKAR, J.) Mujaheed//