1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.7235 of 2006 Pandurang Namdeo Rajage. .. .. Petitioner v/s. The State of Maharashtra & ors. .. .. Respondents Mr.S.G . Deshmukh for petitioner. Mrs.M.P.Thakur, AGP for respondents. Mr.S.A.Shaikh, Superintendent (Class- II), Zilla Parishad, Sangli (present). ----- CORAM : SMT.RANJANA DESAI & SMT.ROSHAN DALVI, JJ. Dated : 27 th March 2008 P.C. : 1. The petitioner has challenged the order of termination dated 25.9.1999 issued by respondent 4-Ramchandra Patil Shikshan Sanstha, in the School Tribunal, Kolhapur. By judgment and order dated 8.7.2004 passed by the Presiding Officer, School Tribunal, Kolhapur, the petitioner's appeal was allowed and the respondents were directed to reinstate him on the post of Head Master since the date of termination i.e. 25.9.1999 and to pay him back wages from the date of 2 termination till his reinstatement in the pay scale of Head Master and other incidental benefits such as continuity of service, increment, difference in pay etc. It appears that being aggrieved by this order, one Mr.Rajaram Baburao Padolkar filed a writ petition being Writ Petition No.6682 of 2004 in this court. He was working as acting Incharge Head Master during the time when the petitioner was dismissed. By order dated 13.4.2003, the said writ petition was dismissed by this court. 2. This petition is filed by the petitioner for a direction to respondents 1 to 3 to pass the bill for the arrears due and payable to the petitioner for the period from September 1999 to April 2005 and to release the said payment. 3. We have heard Mr.Deshmukh, learned counsel for the petitioner and Mrs.Thakur, learned AGP. There can be no doubt that the respondents will have to comply with the order of the School Tribunal. Admittedly, after this petition was filed, the respondents have paid to the petitioner his salary for the period from 25.9.1999 to 12.6.2005 in the 3 scale of trained Assistant Teacher and from 13.6.2005 till today in the scale of Head Master. Mr.Deshmukh, learned counsel for the petitioner, submitted on instructions from the petitioner that the petitioner is ready to waive difference in arrears of salary for the period from June 1999 to June 2005. Mr.Deshmukh says that, however, the respondents should recognize and approve the petitioner's appointment as the Head Master with effect from June 2009. Learned AGP on instructions from one Mr.S.A.Shaikh, Superintendent (Class- II), Zilla Parishad, Sangli, who is present in court, states that in case the petitioner waives difference in arrears of salary as per the statement made by his counsel, the petitioner's appointment as Head Master would be approved with effect from June 1999 in the scale of Head Master. We accept the statement made by Mr.Deshmukh, learned counsel for the petitioner and the statement made by Mrs.Thakur, learned AGP on instructions from Mr.S.A.Shaikh, Superintendent (Class- II), Zilla Parishad, Sangli. 4 4. As per statement made by Mr.Deshmukh, learned counsel for the petitioner which we have accepted the petitioner shall waive difference in arrears of salary for the period June 1999 to June 2005. In view of this, as per the statement made by learned AGP on instructions from Mr.S.A.Shaikh, Superintendent (Class- II), Zilla Parishad, Sangli, which we have accepted the respondents shall approve the petitioner's appointment as Head Master with effect from June 1999 in the scale of Head Master. 5. The petition is disposed of in the aforestated terms. (SMT.RANJANA DESAI, J.) (SMT.ROSHAN DALVI, J.)