1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11 OF 2008 Sitaram Santaram Mourya ..Petitioner. Vs. President / Secretary Bharati Prasara Parishad Mandal and others ..Respondents. .... Ms. Aarti Bhide for the Petitioner. Mr. Arvind G. Kothari for Respondents 1 and 2. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th April, 2008. P.C. : 1. During the course of the hearing of the present proceedings it is an agreed position before the Court that the Petitioner was appointed on 20th June, 1998 as a part-time teacher in a night school conducted by the First Respondent. It is also an agreed position that upon the satisfactory completion of the period of probation, the First Respondent was deemed to have been confirmed in service at the end of two years by virtue of the provisions of Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The services of the Petitioner were terminated on 20th July, 2002 on the 2 ground that a decision has been taken by the Education Department to abolish part-time posts in night schools. Before the School Tribunal the Education Inspector, Greater Mumbai, Southern Division has placed his position on the record (Exhibit I to the paper book) stating therein that an Assistant Teacher who was appointed against a permanent post had since expired and that as against the vacant post, the management of the school would be at liberty send a proposal for the absorption and appointment of the Petitioner. The Education Inspector had indicated that the Petitioner should be appointed as against the vacancy created in the full-time post upon which necessary steps will be taken for the grant of approval to the appointment. 2. During the course of the hearing of the proceedings, the learned Counsel appearing for the Petitioner and the Respondents have informed the Court that a settlement has been arrived at between the parties under which the Petitioner has agreed to give up his claim for backwages and the First Respondent has agreed to appoint the Petitioner against the vacancy that exists in the permanent post of Assistant Teacher in the night school. On behalf of the First Respondent, the Court has been informed that 3 the Secretary of the management Shri Ashok Dwivedi is personally present in the Court and has instructed the learned counsel accordingly. In view of the statement made before the Court by the learned counsel and in terms of the request made to the Court the following order is passed by consent : i) The impugned order of the School Tribunal dated 20th November, 2007 is quashed and set aside; ii) The First Respondent has agreed to issue a permanent appointment to the Petitioner against the vacant post of an Assistant Teacher in terms of the communication issued by the Education Inspector on 18th November, 2002 (Exhibit I to the Petition); iii) In view of the statement made on behalf of the management, the Petitioner has agreed to forgo his claims for backwages and monetary compensation for the period prior to the date of appointment; iv) It has been stated before the Court that an order of appointment shall be issued to the Petitioner within a period of one week from today. Since parties have arrived at the aforesaid settlement as reflected in the statements made before the Court by the 4 respective learned counsel, no further directions have been sought. The Petition shall stand disposed of in the aforesaid terms. There shall be no order as to costs. *****