1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.233 OF 2007 IN CIVIL APPLICATION NO.1467 OF 2007 IN WRIT PETITION NO.891 OF 2006. (JANTA EDUCATION SOCIETY & ANR. Vs PRAKASH BABURAO SHIMGANE & ANR...) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri M.M.Agnihotri, Advocate for Appellants. Shri A.J. Kadu, Advocate for Respondent No.1. CORAM : A.P.DESHPANDE AND R.C.CHAVAN, JJ. DATED : JANUARY 14, 2008. 1. Appellant No.1 Janta Education Society is managing a Junior College by name Smt. Shevantabai Kalmegh Junior College. Respondent No.1's services came to be terminated by an order of termination dated 26.06.1991. Aggrieved by the termination of the services, respondent No.1 herein, filed an appeal before the Presiding Officer, School Tribunal calling in question legality and validity of the said termination. Allowing the appeal, the Tribunal quashed and set aside order of termination dated 2 26.06.1991 and directed reinstatement of respondent No.1 in service together with full back wages from the date of termination till reinstatement. It is undisputed that in compliance with the order of Tribunal the appellant has not been reinstated. 2. Dissatisfied with the judgment and order passed by the School Tribunal the present appellants filed writ petition in this Court. The learned Single Judge rejected the prayer for stay made by the appellants, seeking stay of the judgment and order passed by the Tribunal, though Rule is granted. Against the said interlocutory order passed by the learned Single Judge, rejecting prayer for stay, the appellants filed letters patent appeal which also came to be dismissed and consequently Special Leave Petition was filed in the Supreme Court, which we are informed, also came to be dismissed, thereby granting finality to the order passed by the learned Single Judge, dismissing the prayer for stay. 3 3. As the appellants were not complying with the order of the Tribunal directing reinstatement and also had not paid back wages, a Civil Application was moved in the writ petition pending before the learned Single Judge seeking orders against the appellants in that regard. The learned Single Judge after hearing the parties found that the order of rejection of the stay prayer has assumed finality, it directed the appellant, petitioner before it, to comply with the said order. It is this order passed by the learned single Judge dated 11.10.2005 which is questioned by filing this Letters Patent Appeal. During pendency of the letters patent appeal the order passed by learned single Judge has been stayed. 4. Both the learned Advocates appearing for respective parties are in agreement that this Letters Patent Appeal be disposed of in terms of the concession made available by the learned Advocates to this Court. Both the learned Advocates are in agreement that the impugned order dated 02.04.2007 be quashed and set aside and the 4 execution proceedings initiated by respondent No.1, pending on the file of Judicial Magistrate First Class, Anjangaon Surji, be directed to be expedited. 5. In the result, on concession, the impugned order dated 02.04.2007 passed by learned single Judge in Writ Petition No.891 of 2006 is quashed and set aside. 6. Judicial Magistrate First Class, Anjangaon Surji is directed to decide the case pending on his file seeking execution of the judgment passed by the School Tribunal in Appeal No.11 of 2005 dated 11th October, 2005, as expeditiously as possible and at any rate within a period of six months from today. JUDGE JUDGE RR.