IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR [LETTERS PATENT APPEAL NO.330/07 IN W.P.1804/06] [Rashtriya Shikshan Sanstha & ors ..vs.. Ku. Sheela Tiwari & anor] ================================== Mr. M.P. Lala, Advocate for the appellant Mr. A.D. Mohgaonkar, Advocate for respondent no.1 Mr. A.V. Deshpande, A.G.P. for respondent no.2 ================================== CORAM: D.K. DESHMUKH & P.B. VARALE,JJ. DATE: 18TH DECEMBER, 2008. Admit. Heard finally by consent of the parties. The appeal is disposed of in following terms by consent of parties: The order of the learned Single Judge dated 9.11.2006 is set aside. Writ Petition No.1804/2006 is admitted. Order of the School Tribunal impugned in the petition is not stayed so far as it grants reinstatement. It is noted that the respondent has already been reinstated in service by the petitioner pursuant to the order of the School Tribunal dated 7.9.2007, subject to decision of the Writ Petition No.1804/06. The order of the School Tribunal ordering payment of back wages is stayed subject to the following conditions: Within a period of 8 weeks from today, the petitioner shall furnish security to the satisfaction of the Registrar of this court in so far as the amount of back wages awarded by the School Tribunal is concerned. Before accepting the security the Registrar shall hear the respondents and the petitioner shall also deposit within a period of 8 weeks amount of salary payable to the respondents as per order of the School Tribunal from the date of the order of the School Tribunal till the date of reinstatement i.e. 19.4.2008. On the amount being deposited it be invested in fixed deposit in any nationalized bank. The petitioner will also file an undertaking within a period of 2 weeks from today that the amount of back wages shall be paid by the petitioner to the respondent in case this court so directs and on such terms and conditions as this court may direct. Appeal disposed of. JUDGE JUDGE smp.