Krantiveer Vasantrao Narayanrao Naik Shikshan Prasarak Sanstha And ORS v. Rohidas Arjun Kakad And ANR
2025:BHC-AS:41003 33 wp 12197 of 2025-2.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12197 OF 2025 Krantiveer Vasantrao Narayanrao Naik Shikshan Prasarak Sanstha and Ors.
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Petitioners versus Rohidas Arjun Kakad and Anr.
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Respondents Mr. Sachin Gite, for Petitioner.
Mr. Mahesh Pawar, for Respondent No.1.
Mr. B.B.Dahiphale, AGP for State.
Mr. Rohidas A. Kadam, Respondent No.1 present in Court. Mr. Hemant Dhatrak, General Secretary of Petitioner present through VC. CORAM: N.J.JAMADAR, J.
DATE :
22 SEPTEMBER 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
The challenge in this Petition is to an order dated 2 July 2025, passed by the learned Presiding Officer, School Tribunal, Nashik, in an appeal No.12 of 2017, whereby the appeal preferred by the Respondent No.1 came to be allowed and the order of dismissal of the Respondent No.1 with effect from 1 August 2016, passed by the Petitioner trust - employer, came to be set aside and the Petitioner trust was directed to reinstate the Respondent No.1 on the post of Assistant Teacher with continuity in service with 50% backwages from the date of termination of service till his reinstatement. 3.
Learned Counsel for the parties submit that, the parties have amicably resolved the dispute and the consent terms have been executed. Learned SSP (corrected order as per Speaking to Minutes of Order dt. 26 Sept. 25. 1/2
33 wp 12197 of 2025-2.doc Counsel seek leave to tender the consent terms. 4.
Leave granted.
5.
The parties have agreed that, the Respondent No.1 will be reinstated in service as Assistant Teacher with continuity of service, but without any backwages. Mr. Rohidas Arjun Kakad, Respondent No.1 - employee, is present before the Court. Mr. Hemant Dhatrak, General Secretary of the Petitioner Trust, is also present before the Court through VC. The parties state that they have read and understood the contents of the consent terms. They admit the execution and the contents of the consent terms. The parties are identified by their respective Advocates. Upon being specifically inquired, Mr. Kakad - Respondent No.1 stated before the Court that he is agreeable to his reinstatement in service with continuity of service, but without any backwages.
6.
As the parties have amicably resolved the dispute and there does not appear to be any coercion or duress, the consent terms are taken on record and marked 'X'.
7.
The Writ Petition stands disposed in accordance with the Consent Terms, 'X'.
8.
Clause 3 of the impugned order shall stand modified in accordance with clause (ii) of the Consent Terms.
( N.J.JAMADAR, J. ) SSP (corrected order as per Speaking to Minutes of Order dt. 26 Sept. 25. 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 26/09/2025 18:36:59