1 wp-2029-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 2029 OF 2009 Suresh Bhimrao Koli ..Petitioner Vs. Swami Vivekanand Shikshan Sanstha and Ors. ..Respondents .... Mr.Sanjeev P.Kadam Adv. and Shri.J.B.Choudhary Adv. for Petitioner Mr.Amit Borkar Adv. for Respondent Nos.1 and 2. Mr.A.P.Vanarse AGP for Respondent Nos.3 and 4. .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4th , 2009 P.C.: 1. The petitioner was appointed as Junior Clerk with Respondent No.1- Educational Institution. Thereafter, he came to be promoted as Senior Clerk. By order dated 16th June, 2007, the petitioner came to be terminated. He has challenged the said termination before the School Tribunal, Pune by filing Appeal No.35 of 2007. The Tribunal by judgment and order dated 19th November, 2007, rejected the appeal preferred by the petitioner. Being aggrieved by the said order, this writ petition has been preferred. 2 wp-2029-09 2. The learned counsel for the Respondent no.1-Educational Institution has stated that if the petitioner is willing to give up his claim relating to back wages, the Institution is willing to take the petitioner back in service. He has produced the resolution passed by the Management wherein, it is stated that if the petitioner is willing to give up claim of back wages, the Institution is willing to take the petitioner back in service. Copy of the said resolution is taken on record and marked `X ’ for identification. The learned counsel for the petitioner on instructions from the petitioner who is present in Court, states that the petitioner is willing to give up the claim of back wages. 3. In view of the statements made above, the learned counsel for the respondent no.1-Educational Institution states that the petitioner will be taken back in service and they will set aside the order of termination of the petitioner. 4. In view of the above, the petition does not survive and is disposed of. Accordingly, the order of termination dated 16th June, 2007 as well as the order of the School Tribunal dated 19th November, 2007 are set aside. [ SMT.V.K.TAHILRAMANI,J.]