Bombay High Court
Late Bhaskarrao Deshmukh ... vs Subhash S/O Ramdas Dandade And ... on 5 September, 2022
Bench: Manish Pitale
1/3 58-WP 4833.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4833 OF 2022
Bhaskarrao Deshmukh Shikshan & Krida Prasarak Mandal and another
vs.
Subhash s/o Ramdas Dandade and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Nikhil Waghmare, Advocate for petitioners.
Mr. P. S. Patil, Advocate for respondent No.1.
Ms. M. A. Barabde, AGP for respondent No.2.
CORAM : MANISH PITALE J.
DATE : 05/09/2022
This petition arises out of a judgment and
order dated 15/07/2022, passed by the School
Tribunal at Amravati, operative portion of the said
judgment and order read as follows :-
": ORDER :
1] The appeal is partly allowed.
2] The otherwise of termination
communicated to the appellant vide
communication dated 19.12.2016 is hereby set
aside.
3] The respondents No.1 and 2 are
directed to reinstate the appellant on his former
post within 30 days from this order.
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2/3 58-WP 4833.2022
4] The respondents No.1 and 2 are
directed to pay full back wages to the appellant
from 19.12.2016 till his reinstatement within
three months.
5] The appellant is entitled to full salary
from tomorrow i.e. from 16.07.2022.
6] The appellant be deemed to be
continuous in service form 19.12.2016 for all
service benefits excluding the benefit of earned
leave.
7] The parties shall bear their own costs.
8] Copy of this order be sent to respondent
No.3 for information."
2. Before this Court during the pendency of
the present writ petition, the petitioners and
respondent No.1 have settled their dispute and an
application for disposal of the writ petition in terms
of the compromise is handed over. The same is
signed by the petitioners, as well as respondent No.1
and their respective counsel. The petitioners as well
as the respondent No.1 are personally present in
Court.
3. The application along with affidavits and
documents is taken on record. The terms of the
compromise as stated in the application read as
follows :-
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3/3 58-WP 4833.2022
"(A) That, the Petitioners will reinstate the
Respondent No.1 Subhash Ramdas Dandade
in service on his post of Peon immediately after
this compromise.
(B) The Respondent No.1 will not claim any
back-wages granted by the School Tribunal in
impugned Judgment & order dt. 15/07/2022.
(C) After reinstatement of the Respondent No.1
in service, the Petitioner No.2 being a school
receiving grants from the Govt., the
Respondent No.1 will be entitled to all the
service benefits from Govt.
(D) The Respondent No.1 will be entitled for
continuity in service as granted by School
Tribunal i.e. from 19/12/2016."
4. Since, the parties have decided to settle
their dispute in the above mentioned manner, the
writ petition is disposed of in terms quoted above.
5. The writ petition is disposed of.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:06.09.2022
18:52
KOLHE
