Pramod Kashinathrao Joshi vs Principal Raji Ghandhi College ...
2016 Latest Caselaw 6780 Bom

                                          1




                                                                           
             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                  
                             WRIT PETITION NO.100 OF 2009

    Dr.Pramod Kashinathrao Joshi, 
    Age-50 years, Occu-Service and Secretary,




                                                 
    Bhartiya Sanskruti Sanwardhan Shikshan 
    Prasarak Mandal, 
    Aurangabad PTR No.F-1488
    R/o 818, Sahyadri Nagar,




                                         
    N-5 Cidco, Aurangabad                               - PETITIONER

    VERSUS                    
    1.     The State of Maharashtra
           (Deleted)
                             
    2.     Principal,
           Rajiv Gandhi College, Karmad,
           Tq.Aurangabad,
      

           Through its Principal,

    3.     Bhartiya Sanskruti Sanwardhan
   



           Shikshan Prasarak Mandal, PTR No.
           F-1488, Address-818, Sahyadrinagar,
           N-5, Cidco, Aurangabad,
           (Through its President,





           Shri Laxmanrao Eknathrao Manal)

    4.     Joint Director,
           Higher Education,
           Office - Near Devgiri College,





           Aurangabad,

    5.     Dr.Babasaheb Ambedkar Marathwada
           University, Aurangabad,
           (Through its Director, 
           Board of College and University
           Development)
           Administrative Building.                     - RESPONDENTS

khs/NOV.2016/100-d

Mr.Pramod K.Joshi, party in person-petitioner. Mr.S.R.Choukidar, Advocate for respondent Nos. 1 and 2.

Mr.S.P.Sonpawale, AGP for respondent No.3. Respondent No.4 served.

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 29/11/2016

ORAL JUDGMENT :

1. Mr.Choukidar, learned Advocate submits on instructions from

the respondent/Management that the consent terms dated

27/06/2016, which are duly sworn and affirmed by both the sides,

be taken on record and this petition can be disposed of in terms of

the same. No financial liability is created by these parties upon the

Education Department or the Government.

2. The consent terms are marked as Exhibit X for identification .

3. The petitioner in person, who is before the Court, submits that

he is party to Exhibit "X" and is aggreable to the terms mentioned

therein. He confirms that he would not raise any direct or indirect

financial liability/claim against the Government on account of the

settlement between the parties.

4. Considering the above and in the light of Exhibit "X", this

khs/NOV.2016/100-d

petition is partly allowed and disposed of. The impugned judgment of

the Tribunal dated 01/11/2007 shall therefore be modified in terms

of Exhibit "X". Needless to state, the petitioner shall not be entitled

to any back wages except notional continuity in service since the

termination order has been withdrawn.

5. In so far as unpaid wages till the date of termination are

concerned, the petitioner shall approach the Management for the

said amount if is liable to be paid and in the event there is no other

legal impediment, the Management would accordingly allow the

representation. Reimbursement of this amount of unpaid wages for

the work done prior to termination would be subject to the rules of

reimbursement from the Education Department considering that the

Management is a 100% grant-in-aid institution.

6. Rule is made partly absolute in the above terms.

( RAVINDRA V. GHUGE, J.)

khs/NOV.2016/100-d