caw3127.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CAW NO.3127 OF 2011 IN WRIT PETITION NO.5181 OF 2008 Akhil Yavatmal District Kunbi Samaj and another Vs. The Presiding Officers School Tribunal, Amravati and others ........................................................................................................................................................ ..... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................................ ..... Shri K.S.Narwade, Counsel for the Petitioners. Shri P.S.Patil, Counsel for the Respondent No.3 Ms.T.N.Khan, AGP for the Respondent Nos.1 & 2. CORAM : R. K.DESHPANDE, J. DATE : 23rd DECEMBER, 2011. The petitioners and the respondent no.3 have filed this application under the joint signature, stating that the matter has been settled in between them. The terms of settlement incorporated in the application are reproduced below-- TERMS OF COMPROMISE “I) That, the Petitioners shall comply the clauses 2 & 4 of the operative part of the impugned judgment and order dated 25.9.2008 at Page no.91 of Writ petition and shall reinstate Respondent no.3 with immediate effect. II) The petitioners and respondent no.3 jointly pray this Hon'ble Court to set aside Clause 5 of operative part of impugned Judgment and order at Page no.92 of Writ Petition as the Respondent No.3 is agreed to give up the claim for back wages. .....2/- caw3127.11.odt 2 III) That, the Petitioners and Respondent No.3 have agreed that, the reinstatement of respondent no.3 will be adjusted against the seat reserved for Scheduled Caste candidate as the Respondent No.3 is eligible to be appointed from the said category. IV) The Petitioners shall submit the proposal to the Respondent no.2 for approval of reinstatement of Respondent no.3.” Both the learned Counsels appearing for the parties urge that the judgment and order passed by the School Tribunal on 25.9.2009 in Appeal No.3 of 2008, be modified in the aforesaid terms and the direction be issued to the Education Officer (Secondary), Z.P., Yavatmal, to examine and consider the proposal to be submitted by the petitioners for grant of approval in accordance with law. In view of this, following order is passed -- The judgment and order dated 25.9.2008 passed by the School Tribunal, Amravati, in Appeal No.3 of 2008, is modified and the order in terms of conditions, which are reproduced above, is passed. The Education Officer is directed to examine and consider the proposal to be forwarded by the petitioners in accordance with law, within a period of eight weeks from the date of receipt of the said proposal. The writ petition stands disposed of . No costs. JUDGE .....3/- caw3127.11.odt 3 BrWankhede ...../-