IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.717 of 2008 Pradeep K.Sonar ..Petitioner vs. 1. The Managing Trustee and others ...Respondents Mr.Mihir Desai for petitioner. Mr.A.G.Kothari for respondent no.1 Ms.Sindha Sridhavan for respondent nos. 4 and 6. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 28th April, 2008 28th April, 2008 28th April, 2008 P.C. P.C. P.C. 1. The petitioner has filed this petition to challenge the order passed by the learned Presiding Officer of the School Tribunal, Mumbai Region, Mumbai in Appeal No.MUM/122 of 2000. By this judgment delivered on 12th January, 2008 the petitioner’s appeal against termination of his services by the Management with effect from 17th October, 2000 has been rejected. 2. During the course of arguments on this petition, the petitioner/employee and the Management have amicably resolved their dispute. The Management and the employee have agreed that punishment of termination which has been imposed upon the employee can be substituted in the manner agreed by them. In other words, the Management agrees to withdraw the action provided the employee/petitioenr submits his application for voluntary retirement and the management has agreed that the arrangement arrived at and recorded in writing be itself treated as due compliance with the rules pertaining to application for voluntary retirement and its acceptance. Thus, the petitioner is deemed to have retired voluntarily from service of the Management. 3. The Management has agreed that it shall duly forward all papers to the concerned Department/Officer so that the petitioner gets the benefit of continuous service and his terminal/retiral benefits are computed accordingly. Further, they would forward all necessary papers so as to enable the employee to apply for pension in addition to the retiral benefits. 4. The learned A.G.P. submits that this arrangement should not be construed as State Govt. having accepted the case of the petitioner and the Management. While assuring the Court that the voluntary retirement papers would be duly processed in accordance with the relevant rules, she also states that the State would abide by Appendix 33 to the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Thus, the pension papers would be processed bearing in mind Appendix 33 is her statement. Statements made are accepted. However, it is clarified that arrangement is strictly between the employee and management. The minutes of order recording the same and duly signed by the employee and Management so also their Advocate taken on record and marked "X" for identification. Order in terms of minutes at X. 5. Ms.Sridharan states that instead of 3 weeks 3 months time be granted for processing of papers after they are received from the Management. At her request 3 months time is granted. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)