1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2780 OF 1999 (BHADANT DMARMAKIRTI VIDYALAYA THR. PRESIDENT..VS.. ASHOK DHANRAJ GAWANDE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 03, 2011. Heard Shri Malode, learned counsel for the petitioner and Shri H.A. Deshpande, learned counsel for respondent No.1. 2. On hearing the learned counsel for the parties, it was found that the order passed by the Presiding Officer, School Tribunal, Nagpur on 29.06.1999 directing the petitioner to reinstate the respondent in service was just and proper though the direction issued to the management to pay arrears of salary to the respondent No.1 from 13.10.1996 till the date of his reinstatement was not correct in view of the law laid down by this Court in the judgment reported in 2008(5) Mh.L.J. 181 (Jotiram Vs. President, P.S.P. Mandal). 3. In the midst of the arguments, the learned counsel for the petitioner stated, on instructions from his client, that the petitioner is willing to permit the respondent No.1 to continue in service in case he gives up the claim of back-wages. The learned counsel for the respondent No.1 also sought instructions from his client and the respondent No.1 is willing to give-up his claim towards the back wages 2 from 13.10.1996 till 05.10.2000 in case the petitioner withdraws the writ petition and the order of reinstatement is maintained. 4. An affidavit stating the aforesaid facts is presented by the learned counsel for the respondent in the Court today. The same is accepted on record and marked as Exh. “Z” for the purpose of identification. 5. The Secretary of the petitioner society and respondent No.1 are personally present in the Court today. On the instructions of the petitioner society, the petitioner seeks permission to withdraw the writ petition as the respondent No.1 has given up his claim towards back wages from 13.10.1996 till 05.10.2000, the date on which he was reinstated. 6. Hence, in the aforesaid facts and circumstances, the petitioner is permitted to withdraw the writ petition. The writ petition is disposed of as withdrawn with no order as to costs. JUDGE RR..