The Head Master, Bharatesh Vidyamandal ... vs Smt. Padmashree W/O.Baburao ... on 9 October, 2012

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Karnataka High Court

The Head Master, Bharatesh Vidyamandal ... vs Smt. Padmashree W/O.Baburao ... on 9 October, 2012

Bench: A.S.Bopanna

             IN THE HIGH COURT OF KARNATAKA
                CIRCUIT BENCH AT DHARWAD
         DATED THIS THE 9TH DAY OF OCTOBER, 2012
                         BEFORE
           THE HON'BLE MR.JUSTICE A.S.BOPANNA
           WRIT PETITION No.67014/2010 (GM-EDU)

BETWEEN:

1.     THE HEAD MASTER,
       SHRI.BHARATESH VIDYAMANDAL
       PRIMARY SCHOOL,
       BELLAD BAGEWADI-591 305
       TALUKA: HUKERI, DIST: BELGAUM.

2.     SHRI.BHARATESH VIDYAMANDAL,
       (REGD. AT E.174 BGM),
       BELLAD BAGEWADI-591 305,
       TALUKA: HUKERI, DIST: BELGAUM,
       REP.BY ITS PRESIDENT.
                                        ...     PETITIONERS
(BY SRI.M.G.NAGANURI, ADV)

AND:
1.     SMT.PADMASHREE W/O BABURAO PASCHAPURE,
       AGE: 40 YEARS, OCC: SERVICE,
       R/O BALIKAR GALLI, HUKERI-591 309.
       DIST: BELGAUM.

2.     SHRI.BAHUBALI VIDYAPEETHA,
       AT POST: KUMBHOJ-416 110,
       TALUKA: HATKANAGALA, DIST: KOLHAPUR,
       MAHARASHTRA STATE,
       BY ITS CHAIRMAN/SECRETARY.
                                2




     3.    STATE OF KARNATAKA,
           REP.BY DEPUTY DIRECTOR OF EDUCATION,
           CHIKODI-591 201, DIST: BELGAUM.
                                       ...   RESPONDENTS

(BY SRI.B.S.KAMATE, ADV. FOR R1,
    SMT.MEGHA C.KOLEKAR, HCGP FOR R3,
    R2 SERVICED)

     THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
JUDGMENT AND AWARD DATED 17.08.2010, PASSED BY THE
MEMBER, EDUCATIONAL APPELLATE TRIBUNAL AND PRINCIPAL
DISTRICT JUDGE, BELGAUM IN EAT NO.18/2008, PRODUCED
AT ANNEXURE-G AND H AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioners herein have assailed the order dated 17.08.2010 passed in EAT No.18/2008. By the said order, the 1st respondent herein has been directed to be reinstated by the petitioners herein. As against the relief which has been granted by the EAT, the parties have now entered into a settlement during the pendency of this petition. 3

2. In terms of the compromise entered into between them, a joint memo dated 09.10.2012 is filed to which the petitioners and also the 1st respondent have affixed their signatures along with the learned counsel appearing for the parties.

3. As per the terms of the settlement, the petitioners herein have agreed to reinstate the 1st respondent and the 1st respondent has agreed to give up her claim for salary and allowances payable on par with the teachers working in Aided Institutions from April 2007. However, it has been agreed between the parties that the petitioners herein will recommend the case of the 1st respondent to the BEO for approval and admission to grant and thereafter depending on the order to be passed by the government, the appropriate salary payable to the 1st respondent would thereafter be in accordance with the orders to be passed by the government.

4. The parties are present before this Court and they admit to the compromise, which has been entered into 4 between them. Hence, the joint memo is taken on record. The parties shall be bound by the undertaking made therein.

Hence, the petition stands disposed of in terms of the joint memo.

Sd/-

JUDGE MBS/-

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