1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1884 OF 2004 Shri Jaywant Harchand Lokhande .... Petitioner (Orig. Appellant) vs 1 Chunabhatti Shikshan Sanstha 2 Vidya Vikas High School, 3 The Education Inspector, North Division, Mumbai 4 The State of Maharashtra, through Secretary, Education Department, Mumbai .... Respondents Mr. Dilip Bodake for the petitioner. Mr. S.D.Rayrikar, AGP for respondents 3 & 4. CORAM: ANOOP V. MOHTA, J. DATE : 6th May, 2010 P.C.: 1 The petitioner has challenged the limited portion of the impugned judgment & order dated 27.09.2002 passed by the Presiding Officer, School Tribunal, Mumbai, whereby though set aside the Order of dismissal dated 16.12.1996, instead of reinstating the appellant in service with continuity of service and full back-wages, the respondents have been directed to pay the amount equivalent to twelve months emoluments by way of compensation in lieu of reinstatement as provided. 2 The Petitioner has challenged this clause (3) of the impugned order only. There is no challenge made by the management to the other part of the order 2 setting aside the order of dismissal. 3 The learned counsel appearing for the petitioner, on instructions, makes statement that the petitioner is not pressing the back wages or monetary part as awarded in clause (3) of the impugned order. The petitioner has crossed the age of retirement and attained the superannuation on 31.05.2000. Therefore, as there is no challenge made by the management, I see there is no reason now to interfere with the said order. However, I am inclined to modify the same to the extent that the management shall refer the paper of retirement benefits including continuity of service, gratuity and provident fund, if any, in accordance with law to the concerned Department within four months and the concerned Department of respondents 3 and 4 to consider the same as per the Rules, within four months after receipt of the same. 4 The writ petition is accordingly disposed of. 5 Rule is disposed of in the above terms. No costs. 6 Liberty is granted to the parties to apply for appropriate order and/or modification, if any. (ANOOP V. MOHTA, J.)