1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5955 OF 2008 Nandgaon Panchkroshi Madhyamik Shikshan Sanstha & Anr. ...Petitioners. Vs. Kum.Kawita Prakash Nalawade & Ors. ...Respondents. .... Mr. N.V. Bandiwadekar for the Petitioners. Mr. S.A. Sawant for Respondent No.1. Mr. S.D. Rayrikar, AGP for the State. ..... CORAM : DR. D.Y.CHANDRACHUD, J. November 24, 2008. P.C. The School Tribunal by its order dated 14th July 2008, has allowed the appeal preferred by the First Respondent and while setting aside the order of termination dated 9th April 1999, granted reinstatement with full back wages and continuity of service. When the petition came up for admission, Counsel appearing on behalf of the Petitioners drew the attention of the Court to the averments contained in paragraph 27 of the petition in which an offer has been made by the management. The relevant averments in that regard are 2 as follows: “27. The Petitioners state due to the retirement of Shri Shindewale Rajaram Fakir the vacancy in D.Ed. pay scale has become available with the Petitioners from 1/12/2003 and the said vacancy has not been filled, more particularly in the light of restraint order passed by the School Tribunal in that behalf. The Petitioners have thus not received the grant in aid for the said post which is lying vacant. Therefore, if at all the order of the Tribunal is to be implemented the Petitioners are ready and willing to reinstate the Respondent No.1 in the said post of D.Ed pay scale and the back wages will be paid to Respondent No.1 after the Petitioners submit the salary bills to theerof (sic) and the same are sanctioned by the Education Officer. The Petitioners further state that the Head Master Shri Khanolkar Dattatray Anant, B.A. B.Ed. is due to retire from service on 31/8/2008 and thereby a vacancy of trained graduate pay scale would become available. Therefore, if at all the Respondent No.1 is to be upgraded for the trained graduation pay scale post, the same can be done by promoting a senior teacher as Head Master after retirement of the present Head Master Shri Khanolkar and in that post of senior teacher the Respondent No.1 can be accommodated.” At the hearing of the petition, Counsel appearing on behalf of the Petitioners reiterated the offer which was made in paragraph 27 on instructions. The First Respondent is present before the Court and Learned Counsel appearing on her behalf has, during the course of the hearing, stated before the Court that the First Respondent is ready and willing to accept the proposal of the management. 3 Accordingly, it has been agreed between the parties that the Petitioners shall reinstate the First Respondent in compliance with the order passed by the School Tribunal and that the First Respondent shall be permitted to resume duty on 8th December 2008. It has further been agreed that the First Respondent shall be granted the benefit of the D.Ed. scale for the period between 1st December 2003 and 31st August 2008 and with effect from 1st September 2008, the First Respondent shall be granted the benefit of the Trained Graduate Scale. The management has agreed to submit pay bills to the Education Officer (Secondary), Zilla Parishad, Sindhudurg within a period of three weeks from today. The Education Officer (Secondary) shall take a decision thereon, in accordance with law, within a period of six weeks after the date of receipt of the pay bills. The procedure which is usually followed for remittance of the salary shall be adopted in accordance with law. Since the dispute has been resolved between the contesting parties in the aforesaid terms, no further directions are sought. The order passed by the School Tribunal shall stand modified to the aforesaid extent and shall stand substituted by the aforesaid agreement between the management and the First 4 Respondent-teacher. The petition is disposed of. .....