Bombay High Court
Sangola Taluka Shikshan Prasarak ... vs Gurudev Mahadev Ujanikar And Ors on 17 October, 2023
Bench: Madhav J. Jamdar
2023:BHC-AS:31202
501-WP-12955-2023.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12955 OF 2023
Sangola Taluka ...Petitioners
Shikshan Prasarak Mandal, Sangola & Anr.
V/s.
Gurudev Mahadev Ujanikar & Ors. ...Respondents
Mr. N. V. Bandiwadekar, Senior Advocate a/w Ashwini
Bandiwadekar, for the Petitioners.
Mr. I. M. Khairdi, for Respondent Nos.1 and 2.
Smt. M. S. Srivastava, AGP, for the Respondent Nos.3 and 4.
CORAM : MADHAV J. JAMDAR, J.
DATED : OCTOBER 17, 2023
P.C.:
1. Heard Mr. Bandiwadekar, learned counsel appearing for the
Petitioners, Mr. Khairdi, learned counsel appearing for the
Respondent Nos.1 and 2 and Smt. Srivastava, learned AGP for the
Respondent Nos.3 and 4.
2. The Writ Petition is filed challenging the legality and
validity of the order dated 14th February 2020 passed by the
learned Presiding Officer, School Tribunal, Solapur in Appeal
No.11 of 2018. The said Appeal has been filed by the Respondent
No.1.
3. By the impugned order dated 14th February 2020, the
501-WP-12955-2023.doc
termination order dated 3rd May 2017 issued by the Petitioner-
Management is declared as illegal and the Petitioners have been
directed to reinstate the Respondent No.1 on his post with
continuity of service with consequential benefit of full payment of
back wages.
4. Mr. Bandiwadekar and Mr. Khairdi, learned counsels
appearing for the Petitioners and the Respondent Nos.1 and 2
respectively state that the dispute between the Petitioners and
the Respondent No.1 has been resolved in terms of the Consent
Terms. Both of them tender the Consent Terms.
5. The Consent Terms are signed by the President of the
Petitioner No.1 and the Headmaster of the Petitioner No.2. The
Consent Terms are also signed by the Respondent No.1. The
President of the Petitioner No.1 and the Headmaster of the
Petitioner No.2 as well as the Respondent No.1 are present in the
Court. All of them state that the dispute between them is settled
in terms of the Consent Terms. Their signatures on the Consent
Terms are identified by their respective Advocates. Undertakings
in the Consent Terms are accepted as undertakings given to this
Court.
6. Accordingly, the Consent Terms are taken on record and
marked as "X" for identification. The Consent Terms read as
under :
501-WP-12955-2023.doc
"1. The Respondent No.1 was appointed on 01.10.2009
in vacant, permanent and recognised post after
following due procedure of law and the same was
approved. After completion of three years, the
further approval was accorded in favour of the
Respondent No.1 on 29.01.2013.
2. That due to reduction in strength of students, the
Respondent No.1 along with two persons, working
in No Grant in Aid section, were rendered surplus
and were absorbed on 01.02.2017. However, the
Respondent No.1 was terminated from services on
03.05.2017. In the Appeal No.11 of 2018, challenging
the termination order, filed by the Respondent No.1,
the same came to be allowed on 14.02.2020 by the
Ld. School Tribunal. The said judgment & order is
impugned in the present Writ Petition.
3. That the Respondent No.1 filed Miscellaneous
Application No.18 of 2022, seeking execution of the
judgment & order dt. 14.02.2020, passed by the Ld.
School Tribunal, in Appeal No.11 of 2018.
4. That the parties have entered into amicable
settlement. That on 10.06.2023 Resolution No.5
came to be passed, inter alia, providing to act upon,
execute and implement the judgment and order
passed by the Ld. School Tribunal in Appeal No.11 of
2018 dated 14.02.2020. It was decided to and
resolved to transfer the Respondent No.1 in the
vacancy created in Grant in Aid section since from
15.06.2023. Accordingly the appointment letter
was issued on 14.06.2023. The Respondent No.1 has
joined the services accordingly, since from
501-WP-12955-2023.doc
15.06.2023, in terms of the Ld. School Tribunal's
judgment & order dt. 14.02.2020.
5. That it is amicably settled & resolved between the
Petitioner & Respondent No.1 that the Respondent
No.1 has waived off and relinquished his right to
receive arrears of salary as receivable from the
petitioner Trust/Institution, since from the date of
termination till joining, as ordered by the Ld. School
Tribunal in its judgment and order dated
14.02.2020. It is further agreed that the Petitioners
will send the proposal seeking an approval of the
transfer of the Respondent No.1 along with bill for
arrears of salary of Respondent No.1 to the
Respondent Nos.3 and 4. The said proposal will be
filed within a period of three weeks from today. The
said proposal is to be decided by the Respondent
Nos.3 and 4 within a period of three weeks from
receipt of the same. The Respondent No.1 will claim
arrears of salary of to Grant in Aid post from the
Respondent No.3 and 4 alone of which proposal is
also to be sent and the same is to be decided on its
own merits, as per law by the Respondent Nos.3 and
4. The Petitioner shall make necessary changes in
the service book and make the same up to date at
the earliest, as per law. That the Respondent No.1
will not claim monetary benefit in the light of
judgment and order dt. 14.02.2020, in Appeal No.11
of 2018 from the Petitioners, at any time i.e. neither
pending the proposal or after deciding proposal.
That the name of the Respondent No.1 will be
included in Shalarth Pranali, and he be paid salary
501-WP-12955-2023.doc
as per law, as is applicable."
7. The Writ Petition is disposed of in terms of the Consent
Terms.
8. The Respondent Nos.3 and 4 to decide the said proposal
which is referred in paragraph 5 of the Consent Terms in
accordance with law as early as possible and in any case within a
period of eight weeks from today.
9. Accordingly, the Writ Petition is disposed of in above terms
with no order as to costs.
[MADHAV J. JAMDAR, J.]
