1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8545 OF 2011 Gramin Vikas Pratisthan & Anr. .. Petitioners V/s Shri.Bhosale Pratapsinh Madhukar & Anr. .. Respondents Mr.T.S.Ingale for the petitioners. Mr.A.M.Joshi for Respondent No.1. Mr.P.B.Sawant, ‘B’ Panel A.G.P. CORAM: R.G.KETKAR, J. DATE: 18th October, 2011. P.C.: 1. Heard Mr.T.S.Ingale, learned counsel for the petitioners and Mr.A.M.Joshi, learned counsel for Respondent No.1 and Mr.P.B.Sawant, learned A.G.P.for Respondent No.2. 2. Mr.Ingale, upon taking instructions from Mr.Ramchandra Shivram Kadam, President of the 1st Respondent Gramin Vikas Pratisthan, Kalamb, Taluka Indapur, District Pune, makes the following statements:- (i) that the petitioners will withdraw the order of termination dated 22.12.2010 and shall formally treat the 1st Respondent as reinstated and place him under suspension. (ii) that within a period of six weeks from today, the 2 petitioners shall pay back-wages to the 1st Respondent. (iii) that the petitioners will apply to the Education Officer seeking permission to suspend the 1st Respondent in accordance with Rule 33 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 and till such time the permission is received by the petitioners, the petitioners will pay suspension allowance to the 1st Respondent regularly, and will not claim any reimbursement from the State Government, (iv) that the petitioners will hold inquiry against the 1st Respondent in accordance with law. 3. Mr.Joshi, learned counsel for the 1st Respondent has no objection for the petitioners adopting such course. 4. In view of the statements made by the learned counsel appearing for the petitioners and the 1st Respondent, Rule is disposed of in the following terms: (i) The order of termination dated 22.12.2010 is allowed to be withdrawn with liberty to the petitioners to seek permission from the Education Officer for suspending the 1st Respondent in accordance with Rule 33 of the 3 Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981. (ii) Till such time the permission is received by the petitioners from the Education Officer for suspending the 1st Respondent, the petitioners shall pay the suspension allowance to the 1st Respondent regularly, without claiming any reimbursement from the State Government, (iii) Though the 1st Respondent is reinstated formally, he shall be deemed to be under suspension, (iv) The petitioners are at liberty to hold inquiry against the 1st Respondent in accordance with law, (v) The petitioners shall pay back-wages to the 1st Respondent within a period of six weeks from today. 5. Petition stands disposed of in the above terms. (R.G.KETKAR, J.)