1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1767 OF 2007 Mrs.Kikhal R. Shetty .. Petitioner Versus The Principal, Archarya Marathe College of Arts, Science and Commerce and Ors. .. Respondents Mr.Mihir Desai for petitioner Mr.A.B.Patki for respondent Nos. 1 and 2 Mrs.S.M.Dandekar, A.G.P. for respondent No.5 CORAM : S.C.DHARMADHIKARI, J. DATE : 17th April 2008 P.C. . This petition is directed against the order of Maharashtra University and College Tribunal dated 25th February 2002. 2. After the petition was argued for some time, the contesting respondents and the 2 petitioner have arrived at a mutual arrangement whereby the order of termination dated 28th August 1999 terminating the services of the petitioner is substituted by an order permitting her to retire voluntarily. 3. The requirement of notice or notice pay stands waived and the petitioner is agreed to have retired voluntarily from service with effect from 1st May 2008. She has agreed to give up the claim for backwages from 28th August 1999 till the date of voluntary retirement. However, in the peculiar facts of this case, directions are sought with regard to computation of the period soas to permit her to retire voluntarily from service. It is stated before me that once the petitioner gives up her claim for backwages, the only relief that she claim is that the stipulated period of service enabling her to seek voluntary retirement must be completed. Atleast, this Court should ensure that the same is completed. 3 The request is that this Court should issue appropriate directions so that continuity in service is maintained and the petitioner is not deprived of such of the retiral benefits as are admissible to her under the rules, merely because the matter was pending before the Tribunal and this Court. 4. When the minutes of the order are tendered, recording the above arrangement and the request made is in the facts peculiar to this case without any precedent or general rule being laid down, I am of the opinion that the petition can be disposed of by accepting the arrangement recorded in the minutes. Minutes of the order are, therefore, taken on record and marked "X" for identification. Order in terms of minutes of the order. However, it is directed that only for the purpose of computing the period provided by the rules, to enable the petitioner to retire voluntarily from the service, it is directed that 4 the petitioner shall be treated as in continuous service during this period i.e. from 28th August 1999 till 1st May 2008. This direction is issued in the peculiar facts of this case and the same shall not operate as precedent or general rule in other case. Petition disposed of accordingly. No costs. (S.C.Dharmadhikari, J)