-1- IN THE HIGH COURT OF BOMBAY AT GOA PANAJI WRIT PETITION NO. 202 AND 206 OF 1998 WRIT PETITION NO. 202 OF 1998 Mrs. Aleyama Mathai Almeida, Assistant Teacher, St. Anthony's High School, Assolna, Salcete, Goa. ...... Petitioner V e r s u s 1. State of Goa, through the Chief Secretary, With his office at Secretariat, Panaji, Goa. 2. The Director of Education, Government of Goa, 18th June Road, St. Inez, Panaji, Goa. 3. St. Anthony's High School Trust, a Trust constituted under the Indian Trusts Act, 1882, represented by Trustee, Shri Conception Almeida, having his office at Cuncolim, Salcete, Goa. 4. Shri Conception Almeida, Trustee of St. Anthony's High School Trust, a Trust constituted under the Indian Trusts Act, 1882, having his office at Cuncolim, Salcete, Goa. ...... Respondents Mr. Ryan Menezes, Advocate for the Petitioner. Mr. M. Salkar, Addl. Government Advocate for Respondent nos. 1 and 2. -2- Mr. M. S. Sonak, Advocate for Respondent nos. 3 and 4. Mr. S. K. Kakodker, Senior Advocate, as Mediator. WRIT PETITION NO. 202 OF 1998 St. Anthony's High School Trust, a Trust constituted under the Indian Trusts Act, 1882, represented by Trustee, Shri Conception Almeida, having his office at Cuncolim, Salcete, Goa. V e r s u s 1. State of Goa, through the Chief Secretary, Secretariat, Panaji, Goa. 2. The Director of Education, Directorate of Education, St. Inez, Panaji, Goa. 3. Mrs. Aleyama Mathai Almeida, Assistant Teacher, St. Anthony's High School, Assolna, Salcete, Goa. ...... Respondents Mr. M. S. Sonak, Advocate for the Petitioner. Mr. M. Salkar, Addl. Government Advocate for respondent nos. 1 and 2. Mr. Ryan Menezes, Advocate for Respondent no.3. CORAM : S. C. DHARMADHIKARI SANTOSH BORA, JJ. DATE : 25th August, 2008. -3- ORAL ORDER ( S. C. DHARMADHIKARI, J.) The Petitions were directed to be placed in terms of the Agreement of the parties, before the learned Mediator. 2. Mr. Kakodkar, learned Senior Advocate, was appointed by consent as a Mediator. 3. We are happy to note that in terms of the Order dated 25.06.08, the Mediator has been able to resolve the dispute between the parties. The parties also have agreed to abide by the Agreement arrived at before the Mediator. The Mediator has taken strenuous efforts and held several meetings with them. Thereafter, as indicated in the report of the Mediator dated 25.08.08, the Agreement has been arrived at, to which, even the State Government and the Director of Education, Government of Goa, has agreed to become a party. 4. The petitioner in Writ Petition No. 202/1998 agrees to give up her claim to the post of Principal of the concerned School on her being given selection scale w.e.f. 01.01.86 till her superannuation i.e. 30.06.01. The differences in salary has also been worked out which figure is also accepted by the parties. 5. Mr. Sonak, appearing for respondent nos. 3 and 4 in this Writ -4- Petition and more particularly the Management, states that the Management will duly convene the meeting of the Departmental Promotion Committee as expeditiously as possible and within a period of one week from today and forward the recommendations of the said Committee to the appropriate Authority. On compliance with this, the appropriate Authority to take steps and release the arrears of salary in favour of the petitioner in Writ Petition no. 202/1998 as expeditiously as possible and, in any event, within a period of four weeks from the date of the receipt of the recommendations. 6. In the light of the Agreement arrived at by the parties in Writ Petition no. 202/1998, the controversy which is subject matter of Writ Petition no. 206/1998, would not survive and the Management agrees to abide by the report of the Mediator and the Agreement arrived at by parties before the Mediator. In the light of the Agreement between the parties, the appointment of Mr. Conception Almeida stands approved and the formal letter of approval to be released by the Director on the payment of arrears of salary in favour of the petitioner in Writ Petition no. 202/1998. Needless to state, the approval takes effect from the date the said Conception Almeida has taken over as Principal of the Institution. 7. Both the Petitions stand disposed off in terms of the Mediator's report and the Agreement which is confirmed by the Counsel and parties before us. -5- 8. We are indeed happy to know that the object and purpose in enacting Section 89 of C.P.C. is subserved if the parties approach their disputes in this manner. We are also thankful to Shri Kakodkar, learned Senior Counsel, for acting as Mediator and accepting the same. The Writ Petitions are disposed off in the above terms. The Mediator's report is taken on record and marked as 'X' for identification. The word “Principal” therein shall be substituted and read as “Headmaster” where ever the same appears. S. C. DHARMADHIKARI, J. SANTOSH BORA, J. arp/*