Muslim Minority Education And Cultural Economic Development Society,Thr.Sec. Farida Anjum Anis Ahme v. Farhat Anjum Abdul Jabbar And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3554/2019 Muslim Minority Edu. And Cultural Economic Dev. Society ..VS..

Farhat Anjum Abdul Jabbar & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.M. Agnihotri, Advocate for the petitioner Shri P.S. Patil, Advocate for the respondent no. 1 Shri K.S. Malokar, Advocate for the respondent no. 2 CORAM : Z.A.HAQ, J.

DATED : 05/07/2019 Heard.

The petitioner - management and the respondent no. 1 - employee have filed an application under Order 23 Rule 1 of the Code of Civil Procedure praying that the petition be disposed in terms of compromise. Copy of the compromise petition is served on the advocate representing the respondent no. 2 - Education Officer. The petitioner - management and the respondent no. 1 - employee agree to abide by the terms of compromise. The undertaking given by the petitioner - management and the respondent no. 1 - employee is accepted.

The writ petition is disposed in terms of compromise.

There is no dispute that before promotion on the post of headmistress of the school, the respondent no. 1 -

2 wp3554.19 employee was working as an Assistant Teacher and her appointment on the post of Assistant Teacher was approved by the respondent no. 2 - Education Officer. Ms. Farida Anjum Anis Ahmed - President of the petitioner - management has filed an affidavit stating that one post of Assistant Teacher is still vacant in the school and the respondent no. 1 - employee can be accommodated in that post.

Considering the compromise between the parties and accepting the submission made on behalf of the petitioner - management that one post of Assistant Teacher is vacant, the respondent no. 2 - Education Officer is directed to continue the approval of the respondent no. 1 - employee as Assistant Teacher. The accommodation of the respondent no. 1 - employee shall not be treated as fresh appointment but it shall be treated that the respondent no. 1 - employee continues in employment as Assistant Teacher from the date of her initial appointment i.e. from 2004. The respondent no. 2 - Education Officer shall issue the approval order accordingly.

JUDGE Ansari