1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2245 OF 2008 Dindayal Upadhya Shikshan Sanstha and another ..PETITIONERS -VERSUS- Devesh Vasantrao Naik and others ..RESPONDENTS WITH WRIT PETITION NO.2937 OF 2008 Dinesh Dilip Naik ..PETITIONER -VERSUS- Devesh Vasantrao Naik and others ..RESPONDENTS ......... Mr. P. G. Deshmukh holding for Mr.A.R. Mohane, advocate for petitioner in both Petitions Mr.R.J. Godbole, advocate for respondent no.1 in both Petitions. Mr.S.V. Kurundkar, Addl.G.P. for respondent nos.2 and 3. ......... (CORAM : V.R.KINGAONKAR,J.) DATE : 18 th August, 2010. PER COURT : 1. By consent of learned counsel for the parties, the Petitions are being disposed of on the following terms : (a) The amount which is directed to be paid to the respondent-Devesh as per the impugned judgment as shown in paragraph `3’ of the final order of the impugned judgment shall be 2 deposited by the Management in this Court. If this amount is deposited within a period of six weeks then and then only the Writ Petition No.2245/2008 may be deemed as partly allowed and, by consent, the impugned judgment stands set aside. If the said amount is so deposited by the Management, the Petitions will be deemed as dismissed. (b) The Management shall deposit the salary amount as will be due and payable in accordance with existing pay scale for the post of Hostel Superintendent in this Court before 5th day of each calender month w.e.f. 1st September i.e. the salary due for the month of August shall be deposited before 1st September, 2010, so on and so forth, until disposal of the appeal by the Competent Appellate Authority i.e. Divisional Social Welfare Officer, Latur. (c) In case the first condition is complied with within the period of six weeks and the impugned judgment and order is deemed as set aside then the appeal No.1/2007 will stands restored to its original position with direction that the Divisional Welfare Officer, Latur shall denovo hear the appeal and shall decide the same on merits thereof and then writ petitioner-Dinesh Naik may be allowed to intervene in that appeal as intervenor so also any other appointee may be permitted to intervene though such appointee 3 may not have any independent right and without prejudiced to the rights of the parties. All the points as may available including the legal questions are kept open. The learned Divisional Social Welfare Officer to permit filing of any application as may be permissible under Law including delay condonation application if it is so maintainable. Final denovo judgment and order may be rendered, in case the remand order comes in to effect, as expeditiously as possible in any case within a period of four months. (d) The amount so deposited in this Court to be invested in the name of respondent no.1 with any Nationalised Bank till the final outcome of the first Appellate Court's Judgment. The amount, if any, which is already deposited or paid will be deducted from the liability as mentioned earlier. 2. The Petitions are disposed of accordingly. 3. The parties to act upon copy of this order duly authenticated by the Court Shirestedar. (V.R.KINGAONKAR) JUDGE gas/wp2245.08