The Poona Diosana Educational Society v. Suryakant Janardhan Gaikwad And ORS

904.WP.8401.2024 (corrected).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8401 OF 2024 The Poona Diocesan Educational Society ....Petitioner

Versus

Suryakant Janardhan Gaikwad & Ors.

....Respondents Mr. Sugandh Deshmukh a/w. Aniket Kanawade, Irvin D'souza, Aryan Deshmukh, for Petitioner.

Ms. Anu C. Kaladharan i/by Ms. Hima Khuman for the Respondent No.1.

Ms. Kavita Solunkhe, Addl.G.P. a/w. S.L. Babar, AGP for State. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 29, 2026 ORDER :

1.

Learned Counsel for the parties jointly submit that they have instructions that their respective clients have engaged with each other and have resolved the underlying disputes. The minutes of order tendered by the parties is marked 'X' for identification and taken on record.

2.

In a nutshell, the Impugned Order which directed reinstatement of Respondent No.1 along with back wages, has been modified by consent to enable the reinstatement without the back wages. JANUARY 29, 2026 Aarti Palkar (This Order is corrected pursuant to Speaking to the Minutes of Order dated February 10, 2026.)

904.WP.8401.2024 (corrected).doc 3.

Learned Counsel for the parties jointly submit that with the aforesaid modifications that may be approved by consent, the Petition may be disposed of confirming that the arrangement reached between them would be abided by.

4.

In these circumstances, the Petition is hereby finally disposed of, modifying the Impugned Order by upholding the reinstatement of Respondent No.1 and deleting the obligation to pay back wages, and recording the consent of Respondent No.1 to the same. 5.

Since Respondent No.1 has retired on superannuation, it is clarified by both parties that he would be totally eligible for all pensionary benefits and it is only the back wages that shall not be paid. 6.

Respondent Nos.2 to 4 are directed to process the aforesaid at the earliest so that Respondent No.1 is able to get his pensionary benefits at the earliest.

7.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] JANUARY 29, 2026 Aarti Palkar (This Order is corrected pursuant to Speaking to the Minutes of Order dated February 10, 2026.)