1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.195 OF 2009 IN WRIT PETITION NO.527 OF 2009 The President & Ors. ..Appellant. (Orig Petitioners) Vs. Prof. Patankar Nisarali M. & Ors. ..Respondents. (Orig. Respondents) Mr.Nusrat Shah with Mr.Ajit S. Karawande, Ms.Pervin D. Contractor, Mr.A.K. Gupta, Ms.Ema Almeida, Mr.Sayed Zia i/b. Mr.Ajit S. Karwande for the Appellant. Mr.A.L. Gore i/b. Mr.C. J. Abhyankar for Respondent no.1. Mr.B.V. Phadnis for Respondent no.2. Mr.Bharat Mehta, A.G.P. for Respondent no.3 – State. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 15TH JULY, 2009 P.C. :- Heard the learned counsel for the respective parties who are also present in the Court in person. 2. During the pendency of this Appeal, the management as 2 well as the Respondent – Professor negotiated on an amicable settlement and successfully arrived at such a settlement. The terms of the settlement have been reduced in writing in the form of “Minutes of the order”. 3. The parties have verified the terms of the settlement reduced in writing, in the Court and they stated before us that the settlement has been voluntary and in the interest of both the parties. They jointly pray before us to dispose off the Appeal in terms of the minutes of the order. 4. The minutes of the order are marked as `X’ for identification. 5. Hence, the Appeal is disposed off in terms of the minutes of the order. 6. It is further directed that Respondent no.3, the Joint Director of Higher Education, Government of Maharashtra, shall upon receipt of the claim from the Appellants in respect of the arrears of balance amount of salary and admissible allowances for the period from 11.6.2007 to 30.6.2009, as agreed in the consent terms, approve the bills and credit the said amount in the account of the Respondent (Bank of Maharashtra) directly, within four weeks from receipt of the claim. 7. Undoubtedly, the Appellants will be entitled for 3 deductions/debit of the amount of income-tax and professional tax payable on the amount of arrears so received by Respondent no.1. 8. We also direct the Respondent no.3 to clear the pensionery benefits as well as the provident fund and gratuity of Respondent no.1 within the said period of four weeks of receipt of the claim from the Appellants. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)