: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2440 OF 2008 Indian Education Society & Anr. ..Petitioners. Vs. State of Maharashtra & Ors. ..Respondents. Mr.Ashish Gaikwad for the Petitioners. Mr.Niranjan Pandit, A.G.P. for Respondent nos.1 and 2. Mr.Asfak A. Sattar Chasssa - Respondent no.3 present in person. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 11TH FEBRUARY, 11TH FEBRUARY, 11TH FEBRUARY, 2009 2009 2009 P.C. : P.C. : P.C. : Rule. 2. By consent, rule made returnable forthwith and heard finally. 3. Respondent no.3 has appeared in person and stated that if the order as regards setting aside the termination dated 4.8.2007 is maintained he will not insist on back wages. The Petitioner submits that the services of Respondent no.3 were never terminated. The Petitioner agrees in any event that : 2 : Respondent no.3 shall have the full benefit of the consequence of the impugned order except regarding back wages. 4. In the circumstances, the impugned order is set aside and the Writ Petition is disposed of by the following order :- i) The Petitioner agrees and undertakes to continue the services of Respondent no.3 as if and on the basis that they were never terminated and the Petitioner agrees and undertakes to grant Respondent no.3 all benefits on that basis save and except back wages. ***