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Bombay High CourtIA/3226/2025disposed off

Varsha Jaikishan Karnani v. Kanchan A Chetwani And ORS

2025-12-19Hon'Ble Shri Justice Suman Shyam , Hon'Ble Shri Justice S. M. Modak7 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38356 OF 2025 IN WRIT PETITION NO. 2804 OF 2011 Reshma H. Panjwani ...Applicant

Versus

The State of Maharashtra Thr. Secretary

...Respondent

ALONGWITH INTERIM APPLICATION NO. 3226 OF 2025 IN WRIT PETITION NO. 2804 OF 2011 Varsha Jaikishan Karnani ...Applicant

Versus

Kanchan @ Chetwani and Ors.

...Respondents

ALONGWITH CIVIL APPLICATION NO. 2008 OF 2018 IN WRIT PETITION NO. 2804 OF 2011 Rekha Pesumal Bulani ...Applicant

Versus

Mrs. Kanchan A. Chetwani and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 38355 OF 2025 by SEEMA KSHITIJ YELKAR Date:

2025.12.22 15:00:56 +0530 SEEMA KSHITIJ YELKAR

IN WRIT PETITION NO. 2804 OF 2011 Rekha Ramchandra Israni ...Applicant

Versus

The State of Maharashtra Thr. The Secretary

...Respondent

Mr. Devesh Saralkar i/by P. V. Thorat, for the Petitioners . Adv. Anima Mishra, Anuj Singh, Vinod Patil, Priyanka P., for the Applicant.

Mr N. C. Walimbe, Addl. GP with Smt. R. M. Shinde, AGP for the Respondent-State.

CORAM:

SUMAN SHYAM & S. M. MODAK, JJ.

DATED:

19th DECEMBER 2025.

PC:- INTERIM APPLICATION NO. 3226 OF 2025 The Interim Application (Civil) No. 3226 of 2005 has been filed by the Applicant seeking impleadment as Petitioner in the connected Writ Petition (Civil) No. 2804 of 2011 on the grounds stated herein. However, during the pendency of the Interim Application, the Applicant has amicably settled the matter with the contesting Respondent-School Management.

2.

Accordingly, the Consent Terms dated 18.12.2025, signed by both the sides have also been tendered. The Consent Terms are taken on record and marked as 'X' for ready reference.

3.

In view of the settlement arrived at, by and between the Parties, the Interim Application (Civil) No. 3226 of 2025 stands disposed of on the following Consent terms:- CONSENT TERMS "The Applicant, Mrs. Varsha Jaikishan Karnani and the Respondents respectfully submit the following Consent Terms for consideration and disposal of the above Writ Petition:

Petitioners Kanchan A. Chetwani and Others have filed the Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay them salary and service benefits as per the M.E.P.S. Act and applicable Rules.

2.

The Applicant, Mrs. Varsha Jaikishan Karnani, has filed the present Interim Application (Civil) in Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay her salary and service benefits as per the M.E.P.S. Act and applicable Rules.

3.

The parties have amicably resolved their disputes and agreed upon the following Consent Terms:

A.

The Respondent Nos. 5 and 6, the School Management, agree and undertake to pay the Applicant the following amount as full and final settlement of all past, present, and future claims including salary, arrears, allowances, and service benefits:

Sr.

No.

Name of Amount (Rs.) TDS Amount Amount (Rs.) Teacher Mrs. Varsha Jaikishan Karnani 40,00,000/- 7,57,482/- 32,58,650/-

B. In view of financial hardship faced by the Applicant during the Diwali festival, the Respondent school management paid an advance of 5,00,000/- ₹ on 03.10.2025, which Applicant accepted without prejudice to her rights. After adjusting the above advance, the Respondent school management has now issued the final balance amount cheque, which the Applicant acknowledge and accept. The final payable amount is as follows:

Sr. No.

Name of Amount (Rs.) TDS Amount Teacher Amount Mrs. Varsha Jaikishan Karnani 32,58,650/- 5,00,000/- 27,58,650/- (Cheque No.

000447) C.

The Applicant acknowledge receipt of the above payment, including the amount already paid as Diwali advance. The Respondents confirm that TDS has been appropriately deducted and will be credited against the Applicant's PAN with the Income Tax Department.

D.

The Applicant have also made a request to the Respondent School Management for Provident Fund (PF) encashment, and the said request has been duly considered and acted upon. The Management has accordingly processed and completed the PF encashment formalities.

E.

The Respondents shall issue the following documents to each Applicant:

a) Experience Letter b) Character Certificate

4.

In view of the above settlement, the Applicants' services shall stand concluded, and the Applicant shall not raise any further claims against the School Management in relation to her service.

5.

It is prayed that the Hon'ble Court may dispose of Interim Application (Civil) No. 3226 OF 2025 in terms of these Consent Terms."

4.

Interim Application stands disposed of.

CIVIL APPLICATION NO. 2008 OF 2018 5.

The Civil Application No. 2008 of 2018 has been filed by the Applicant seeking impleadment as Petitioner in the connected Writ Petition (Civil) No. 2804 of 2011 on the grounds stated herein. However, during the pendency of the Civil Application, the Applicant has amicably settled the matter with the contesting Respondent-School Management.

6.

Accordingly, Consent Terms dated 18.12.2025, signed by both the sides have also been tendered. The Consent Terms are taken on record and marked as "Y" for ready reference. 7.

In view of the settlement arrived at, by and between the Parties, the Civil Application No. 2008 of 2018 stands disposed of on the following Consent terms:- CONSENT TERMS "The Applicant, Ms. Rekha Pesumal Bulani and the Respondents respectfully submit the following Consent Terms for consideration and disposal of the above Writ Petition:

1. Petitioners Kanchan A. Chetwani and Others have filed the Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay them salary and service benefits as per the M.E.P.S. Act and applicable Rules.

2. The Applicant, Ms. Rekha Pesumal Bulani, has filed the present Civil Application in Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay her salary and service benefits as per the M.E.P.S. Act and applicable Rules.

3. The parties have amicably resolved their disputes and agreed upon the following Consent Terms:

A. The Respondent Nos. 5 and 6, the School Management, agree and undertake to pay the Applicant the following amount as full and final settlement of all past, present, and future claims, including salary, arrears, allowances, and service benefits:

Sr. No.

Name of TDS Amount Teacher Amount Amount Ms. Rekha Pesumal Bulani 38,00,000/- 7,00,134/- 31,17,862/- B. In view of financial hardship faced by the Applicant during the Diwali festival, the Respondent school management paid an advance of 5,00,000/- on 03.10.2025, which Applicant accepted without prejudice to her rights. After adjusting the above advance, the Respondent school management has now issued the final balance amount cheque, which the Applicant acknowledge and accept. The final payable amount is as follows:

Sr.

No.

Name of Teacher Amount (Rs.) TDS Amount Amount (Rs.) Mrs. Rekha Pesumal Bulani 31,17,862/- 5,00,000/- 26,17,862/- (Cheque No.

000446) C. The Applicant acknowledge receipt of the above payment, including the amount already paid as Diwali advance. The Respondents confirm that TDS has been appropriately deducted and will be credited against the Applicant's PAN with the Income Tax Department.

D. The Applicant have also made a request to the Respondent School Management for Provident Fund (PF) encashment, and the said request has been duly considered and acted upon. The Management has accordingly processed and completed the PF encashment formalities.

E. The Respondents shall issue the following documents to each Applicant:

a) Experience Letter b) Character Certificate 4.

In view of the above settlement, the Applicants' services shall stand concluded, and the Applicant shall not raise any further claims against the School Management in relation to her service.

5.

It is prayed that the Hon'ble Court may dispose of Civil Application No. 2008 OF 2018 in terms of these Consent Terms.

8.

Civil Application also stands disposed of.

(S. M. MODAK, J.) (SUMAN SHYAM, J.) {