1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 35 OF 2003 WITH LETTERS PATENT APPEAL No. 37 OF 2003 Satpuda Shikshan Prasarak Mandal Deopur, Dhule ... Appellants. Versus Shriram Totaram Suryawanshi & Others. ... Respondents. -------- Shri. S.M. Godsay Advocate for the appellant. Shri. S.R. Barlinge, Advocate for respondent No. 1 Shri K.G. Patil, Assistant Government Pleader, for respondents Nos. 2 & 3 Mr. A.B. Girase, Advocate for respondent No. 4 -------- CORAM: B.R.GAVAI & N.D. DESHPANDE, JJ DATE: 15th OCTOBER 2009 PER COURT : 1) Heard. By consent 2) Both the Letters Patent Appeal Nos. 35/2003 and 37/2003 are being taken up for final 2 hearing. 3) Though the appeals are basically challenging the order dated 29-08-2002 passed by the Learned Single Judge of this Court in Writ Petition bearing No. 1111 of 2002 & Writ Petition bearing No. 1112 of 2002, in view of subsequent development, the question of reinstatement of the respondents no more survives in the present appeals. 4) Undisputed facts giving rise are as such. The respondent No. 1 namely, Shriram S/o Totaram Suryawanshi as well as Amit S/o Baburao Patil were both appointed in the Senior College managed by appellants herein. The appointments of both the respondents was made pursuant to selection procedure by the Committee duly constituted in pursuance to advertisement 19-10-1997. It appears that there is series of litigation between the parties. For the first time, both the respondents were initially terminated in the year 1999 were terminated. However, when the said order was challenged by 3 the respondents before the University and College Tribunal and the learned Tribunal granted stay to the termination order issued by the management, termination was withdrawn and the respondents were reinstated. Subsequently, on 25-04-2000 the said respondents were again terminated, which termination was again challenged before the University and College Tribunal, which was allowed and the order of termination was set aside. Being aggrieved thereby Writ Petition 4024 of 2000 was filed by the appellants before this Court. The same was not prosecuted and withdrawn by the appellants herein. Again on third occasion, the services of the said respondents were terminated vide order dated 13-01-2001 and the said order was challenged before the University and College Tribunal, and the University and College Tribunal set aside the order of termination vide order dated 25-10-2001. Being aggrieved thereby, two Writ Petition bearing Nos. 1111 of 2002 and 1112 of 2002 were filed before this Court. The Learned 4 Single Judge of this Court vide judgment and order dated 29-08-2002 did not find any error with the orders passed by the learned Tribunal and dismissed the petitions. Being aggrieved by the same, present Letters Patents Appeals are filed. 5) Though there is no interim order granted in the appeals, it is not in dispute that the respondent’s have been reinstated by the appellants. However, subsequently both the respondents have been absorbed in service in some other institutes. Respondent Shriram S/o Totaram Suryawanshi has been absorbed in S.S.M. College, Pachora, District Jalgaon with effect from 24-03-2005, and Shri Amit S/o Baburao Patil was absorbed in Pratap Mahavidalaya, Amalner, District Jalgaon. The learned counsel Shri Barlinge appearing for the said respondents, on the instructions of respondents, makes a categorical statement that the said respondents have given-up claim of back-wages as against the 5 present appellants. It is however, submitted that the appellant / Management should submit proposal for grant of salary of the respondents, till the date of their absorption in other college to the Joint Director of Higher Education, Jalgaon Region, Jalgoan. It is further submitted that, in view of the orders passed by the University and College Tribunal, the said respondents will have to be considered to be in continuous service with effect from 25-10-1997 and 05-02-1998 respectively. It is further prayed that the appellant / Management be directed to make necessary entries in the service book and the proposal be forwarded to the Joint Director of Higher Education, Jalgaon Region, Jalgaon for grant of continuity in service. We find that the stand taken by the respondents is fair. 6) The appeal is disposed of on following directions. 1) The respondents Shriram S/o Totaram Suryawansi respondent in LPA No. 35/2003 and Amit S/o 6 Baburao Patil respondent in LPA No. 37/2003 shall not claim any back-wages against the appellant. 2) The appellant / Management shall submit a proposal for payment of arrears of salaries to the Joint Director of Higher Education, Jalgaon Region, Jalgaon for the period between 26-10-2001 and 15-02-2005 in case of Amit Patil, for the period of 26-10-2001 till 23-03-2005 in case of Shriram S/o Totaram Suryawanshi. The said proposal should be submitted within a period of six weeks from today, on such proposal being submitted to the Joint Director of Higher Education, Jalgoan Region, Jalgaon shall consider and take appropriate action in accordance 7 with law, as expeditiously as possible in any case within period of three months from the submission of the proposal by the Management. 3)Appellant / Management shall also make entries in the service book of the respondents employees regarding they being in service right from their date of appointment till absorption on account of orders passed by the University and College Tribunal. After taking such entries, proposal be submitted by the appellant / Management to the Joint Director of Higher Education, Jalgoan Region, Jalgaon for grant of continuity to the services of the said respondents employees. This 8 exercise shall be completed within a period of six weeks from today, and on receipt of said proposal the Joint Director of Higher Education, Jalgaon Region, Jalgaon shall consider the same and take appropriate decision in accordance with law as expeditiously as possible, and in any case within a period of three months. 7) Letters Patent Appeals bearing Nos. 35/2003 and 37/2003 stands disposed of. (N.D. DESHPANDE, J.) (B.R. GAVAI, J) sdm/ 35.03 9