*1* wp.4095.09.1.sxw kps HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4095 OF 2009 The Secretary, Shri Swami Vivekanand Shikshan Sanstha, Kolhapur and another. ..Petitioners ­Versus­ Ambadas Saidu Shinde and others. ..Respondents ........ Mr.Amit Borkar, for the Petitioners. Mr.P.G.Sawant, “B” Panel counsel for the Respondent Nos.2 to 4/State. None for the Respondent No.1. ......... CORAM:­ S.C.DHARMADHIKARI, J. Date: 29th August, 2011. P.C.:­ 1 Heard both sides. It is not necessary to entertain this Writ Petition in the light of the clear factual position emerging from the record that there was no break in the services of the Respondent No.1 from 01.07.1978 to 11.02.1982. However, Mr.Borkar, learned counsel appearing for the Petitioner Management, submits that the break was condoned on a condition that the Department of Education reimburses the Petitioner Management the amount that is paid to the concerned teacher for this period. 2 This conditional condonation of break in service has been construed as acceptance and that too unconditional. 3 Having heard the learned counsel appearing for the Petitioners and the learned AGP for the State, I am of the opinion that the Writ Petition can be disposed of with a direction to the Education Department and particularly, the Respondent Nos.2 to 4 that since the *2* wp.4095.09.1.sxw Petitioners have paid the entire sum to the concerned teacher (Respondent No.1) in terms of the order passed by the Presiding Officer, School Tribunal, Solapur dated 29.09.2008, the amount constituting the payment of difference i.e. backwages with consequential benefits, be adjusted in future salary grants as are admissible to the Petitioner Management. Let this be done as expeditiously as possible and within a period of eight weeks from the date of receipt of copy of this order. The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)