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Bombay High CourtLPA/6/2015dispossed offdismiss for default

Vinayak Digambarrao Harne v. The Presiding Officer And3 Others

2016-06-24Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande2 pages

246lpa6.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR L.P.A. No.6 of 2015 in M.C.A. No.726 of 2010 in W.P. No.1330 of 2005 (Vinayak Digambarrao Harne .vs. P.O., School Tribunal, Amravati and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.H.A.Deshpande, Adv. for the Appellant.

Mr.J.B.Gandhi, Adv. for respondent no.2.

Mrs.Geeta Tiwari, AGP for respondent no.4.

CORAM

: B.R.GAVAI & V.M.DESHPANDE, JJ.

DATE : 24.6.2016.

Heard.

The appellant as well as respondent no.2 have filed a Compromise Petition in the present appeal. The same is taken on record and marked as 'X' for the purposes of identification. The appellant as well as respondent no.2 are personally present in the Court and they are identified by the respective Counsel.

In view of the same, the termination order issued against appellant Vinayak Digambarrao Harne by the Management is hereby set aside. The appellant is reinstated in service with continuity. However, as agreed by the appellant, the appellant will not be entitled for any arrears of salary either from the Society or from the Education department from the date of termination till the age of superannuation. However, the appellant will be entitled for terminal benefit including pension. The management is directed to start the process

246lpa6.15 2/2 of submitting the case of appellant for terminal benefits and for pension to the Education Department. This process management shall complete within a period of two months. On receipt of all the papers from the Management, the Education department is hereby directed to release all the terminal benefits, arrears of pension and regular pension to the appellant withing a period of eight weeks from the date the documents are duly received by the department from the Management. The appeal is disposed of. No costs.

JUDGE JUDGE *jaiswal