1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8677/2009. with CIVIL APPLICATION NO.2443/2010. Sangameshwar Shikshan Prasarak Mandal and Anr. - PETITIONERS VERSUS Vinod Govindrao Deshpande and Anr. - RESPONDENTS ***** Mr.RL Kute, Advocate for Petitioners; Mr.Anand V.Patil, Adv. for Respondent No.1; Mr.KS Patil,AGP for Respondent No.2. ----- CORAM : K.U.CHANDIWAL,J. DATE : 14th October,2010. PER COURT: 1) Heard both sides. 2) Representative of petitioner no.2- institution and Respondent no.1 presnt. A joint pursis dated 14.10.2010, signed by Secretary of the petitioner no.1/management, and Respondent no.1, identified by both the respective counsel, is tendered. 2 3) In the light of the pursis, the order under challenge is set aside and following order, as is indicated in the pursis, which is reproduced hereunder, is substituted : “PURSIS ON BEHALF OF PETITIONERS & RESPONDENT NO.1. 1. That, in the above matter, the petitioners and respondent no.1 have arrived at compromise on the following terms:- 1. That, in the above matter, the respondent no.1 is ready to give up his claim regarding back wages as granted by the Honourable School Tribunal,Latur, vide judgment adn order dated 9/12/2009, if the respondent no.1 is granted continuation in service since from 16/6/1997. 2. That, one post of Assistant Teacher is vacant in petitioner no.2- school, the respondent no.1 shall be reinstated in service with continuity on the said post. 3. That, in view of the fact that, the petitioners have shown readiness and willingness to reinstate the respondent no.1, the respondent no.1 withdraws the allegations made against the petitioners in proceeding of writ petition and he further undertakes not to make allegations in future. 4. That, since petitioners are ready to reinstate the respondent no. 3 1 the respondent no.1 tenders unconditional apology for the allegations made b him against the petitioners. 5. That, in view of the fact that, the petitioners are ready to reinstate the respondent no.1, the Education Officer (Secondary), Zilla Parishad, Latur be directed to grant/accord approval to the respondent no.1 in accordance with law and to pay his regular salary. 6. That, the petitioners undertake to submit necessary documents to the Education Department, i.e. respondent no.2. for grant and sanction of approval to the respondent no.1 and he will be reinstated after approval is granted to the post by the Education Officer. 7. That, in view of the contents of instant pursis the petitioners and respondent no.1 pray that the writ petition No.8677/2009 be disposed of by issuing necessary directions to all the parties. Dt.14.10.2010 Place:Aurangabad. PETITIONERS sd/- 1. Shri Sangameshwar Bahu Uddeshiya Shikshan Prasarak Mandal, Ausa, Tq. Ausa, District Latur, through its Secretary, Shri Shivshankar Virbhadrappa Kalyani. sd/- (RL Kute) Adv. for Petitioners. 4 2.Smt.Laxmibai Dhenkare Madyamik Vidyalaya, Fatepur Tq.Ausa, Dist.Latur, Through Secretary of Petitioner no.1-society. RESPONDENT NO.1 Sd/- Vinod Govindrao Deshpande r/o Almala, Tq.Ausa, District Latur. Sd/- (Anand V.Patil) Adv. for Resp.No.1.” 4) The Respondent No.2 – Education Officer shall ensure to complete the exercise indicated in the pursis jointly signed by petitioners and Respondent no.1, which will certainly be in accordance with law, within a period of at least three months from today. No Costs. In view of disposal of the main writ petition CA No.2443/2010 does not survive, it is disposed of. (K.U.CHANDIWAL) JUDGE bdv/