1 L.P.A.No.259 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. LETTERS PATENT APPEAL NO. 259 OF 2011 IN WRIT PETITION NO.311 OF 2007 Sahyadri Bahujan Vidya Prasarak Samaj Sangamner & anr. ..APPELLANTS VERSUS Ramdas s/o Uttam Naik & ors. ..RESPONDENTS Mr V.R. Dhorde, Advocate for the appellants; Mr S.S. Jadhavar, Advocate for respondent no.1; Mr P.G. Patil, Advocate for respondent no.2 CORAM : NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 22nd November, 2011 PER COURT : The learned Counsel appearing for the appellants and respondent no.1 state that the parties have settled the matter. The parties are present before the Court, namely, Ramdas s/o Uttam Naik and Chandrakant s/o Lahuji Pawar. The Registrar of appellant - institution is present. Respective Counsel identify the parties. 2. Compromise, settlement memo running in five pages except 2 L.P.A.No.259 of 2011 separate verification and other documents (11 pages) is placed before this Court. The terms of settlement are as below :- "(a) The appellant before the School Tribunal namely Shri Ramdas Uttam Naik, who belongs to scheduled tribe category, his name will be included in the seniority list w.e.f. 13.02.1996 of the B.Ed. Teachers. (b) The appellant before the school Tribunal Shri. Ramdas Uttam Naik will be given promotion to the post of Assistant Headmaster in place of Smt. Shivsharan S.S., who is promoted as Headmistress. The appellant before the School Tribunal Shri. Ramdas Uttam Naik is promoted to post of Assistant Head Master by appointment order dated 05.10.2011 and is posted in the appropriate school in the vacant post at A.K. More Jalna Vidyalaya as Assistant Headmaster run by the Respondent no.1-Management w.e.f. 08.10.2011. (c) The appellant before the School Tribunal Shri. Ramdas Uttam Naik gives up all his monetary claim against all the respondents before the School tribunal and this Hon'ble Court till he actually joins the post of Assistant Headmaster i.e. upto 08.10.2011 and he shall not raise any dispute regarding any monetary claim against the Management or against the Government or against any respondents about his salary or any other claim till his appointment as an Assistant Head Master i.e. 08.10.2011. (d) The Respondent no.3 - Shri Chandrakant Lahuji Pawar, who is B.Ed. and appointed in the year 1983 his seniority will be maintained as it is being senior to the appellant Ramdas Uttam Naik as the said Chandrakant Lahuji Pawar belongs to scheduled 3 L.P.A.No.259 of 2011 caste category and there is no dispute about the seniority between the appellant Shri. Ramdas Uttam Naik before the School Tribunal and the respondent no.3-Chandrakant Lahuji Pawar. " 3. The parties accept that they have entered into settlement. In the light of the settlement, the judgment and order of the School Tribunal is modified in terms of settlement. Settlement memo is marked "X". Letters Patent Appeal stands disposed of. In the light of above, Civil Application No.10124 of 2011 stands disposed of. (T.V. NALAWADE, J.) (NARESH H. PATIL, J.) amj/lpa259.11