1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. LETTERS PATENT APPEAL NO.287 OF 2008. Harishchandra Motiram Bhajipale .vs. Shudhodhan Sadashiv Meshram and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.Anjan De, Adv. for the appellant. Mr.Shashikant Borkar, Adv. for respondent no.1. Coram: ANOOP V. MOHTA and C.L.PANGARKAR, JJ. Dated : 24th SEPTEMBER, 2008. Heard finally by consent. 1. This is a Letters Patent Appeal against the order dated 18/7/2008 which is reproduced as under - “Petitioner and respondent no.2 have filed joint pursis in the nature of compromise. The said compromise shall not be binding on respondent no. 1 – Education Officer. The question of approval shall be independently decided by the Education 2 Officer on its own merits an according to law, rules and regulations applicable in that regard. Writ petition is disposed of in terms of this compromise pursis. No order as to costs.” 2. Admittedly, this resulted into termination of service of appellant – Shri H.M.Bhajipale, who is aggrieved and affected by the said compromise/order. Admittedly, Shri H.M.Bajipale was not party to the said proceedings at any point of time even in the writ petition. Therefore, without observing anything on merit of the matter, we are inclined to allow this Letters Patent Appeal. The impugned order dated 18/7/2008 is quashed and set aside. The matter is remanded back to the learned Single Judge. The learned counsel appearing for respondent no.1, who was petitioner in writ petition, will add said H.M.Bhajipale as party respondent no.4. After hearing all the parties, the 3 appropriate order be passed accordingly. Consequently the order of termination dated 4/8/2008 passed by respondent no.2 is also quashed and set aside, as it was passed on the basis of above order passed by the learned Single Judge. In view of this, the matter is remanded to the learned Single Judge. The matter be disposed of as early as possible. The letters Patent Appeal is accordingly allowed. No cost. JUDGE. JUDGE. chute