1 LPA.312/2002 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 312 OF 2002 IN WRIT PETITION NO. 2910 OF 2000 New Education Society & Ors. ....Appellant. Vs. Usha Bapuso Rade & Ors. ...Respondents. ..... Mr. N.V. Bandiwadekar, for the the Appellants. Mr. D.S. Sawant for Respondent No.1. Mr. R.M. Patne, AGP for Respondent No.2. ..... CORAM: MOHIT S. SHAH, C.J. S.C. DHARMADHIKARI, J. DATE : 21st JULY, 2010. P.C. 1] This appeal was listed before the Division Bench for hearing and final disposal. At that stage, considering the peculiar facts, we indicated to the appellant­management and the first respondent­teacher to arrive at amicable settlement with regard to teacher’s entitlement post reinstatement in services of the appellant­ management. 2 LPA.312/2002 2] Our attention has been drawn to the fact that during pendency of the proceedings before this Court, first respondent attained the age of superannuation on 30.6.2007. 3] Learned Single Judge in the impugned order has noted that the direction of the Tribunal is to pay back wages from 30.4.1998 till such time as the first respondent was permitted to join the duties. 4] Since, the first respondent cannot be now reinstated on account of her attaining superannuation, the appellant­management and the first respondent have agreed that the Letters Patent Appeal can be disposed of with a direction to the Dy. Director of Education, Kolhapur Region, Kolhapur to compute the benefits due to the first respondent and release the sums accordingly. 5] Shri Bandiwadekar, learned counsel for the appellants states that period between 30.4.1998 and 30.4.2001 the appellant­ management had appointed some persons on contract/temporary 3 LPA.312/2002 basis and the payment of salaries of such candidates were made from the grant which is computed at Rs.1,01,781/­. Further, since 15.9.2001, the appellant­management appointed teachers and paid their salaries from the funds which is in the sum of Rs.47,767/­ and, therefore, the appellant­management is ready and willing to bear the burden of the sum that is due and payable to the first respondent teacher during the above period. The rest of the amounts, upon computation and finalisation by the Dy. Director of Education can be released directly to the first respondent teacher. Shri Bandiwadekar, further states that time of four weeks from today may be granted to enable the appellant­management to forward the pension papers to the Dy. Director of Education, Kolhapur Region, Kolhapur so as to enable the said authority to compute the pension payable to the first respondent teacher. 6] Shri Sawant, the learned counsel appearing on behalf of the first respondent submits that the entitlement of the first respondent from the date of termination till her date of attaining 4 LPA.312/2002 superannuation is of Rs.14,32,509/­ . Let the Dy. Director of Education after scrutiny of the relevant documents and computing the final figure, take steps to release the amount to the first respondent teacher. The Dy. Director of Education shall carry out this exercise within a period of six weeks from today. 7] As far as the period of arrears of i.e. from 11.9.1995 to 29.4.1998 is concerned, the appellant­management to take appropriate decision and communicate it to the first respondent within a period of four weeks from today. 8] The first respondent will also render necessary co­ operation to the Dy. Director of Education, so that the computation as directed above can be completed. In the light of the agreement as recorded above, the Letters Patent Appeal is disposed of, but without any order as to costs. CHIEF JUSTICE S.C. DHARMADHIKARI, J. 5 LPA.312/2002