Bombay High Court
SHRIKANT TARACHAND DIVATEversusSUBHASH VIDYA MANDAL AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of all the writ petitions in terms of the consent terms, confirming the Tribunal orders and directing implementation of the settlement.
Summary
The Court entertained three related writ petitions arising from the employment dispute between the petitioner employee, Navnath Sitara Waghmare, and the respondent management. The parties jointly filed consent terms, wherein the management agreed to pay Rs.2,62,169/- to the petitioner and to withdraw the two management‑filed petitions, while the petitioner agreed to withdraw his own petition. The Court verified that the petitioner and the management’s secretary had signed the consent terms and received the demand draft. Accordingly, the Court confirmed the Tribunal orders dated 26‑04‑2006 and 31‑07‑2006 and disposed of all three writ petitions in accordance with the settlement. It also directed the management to update the petitioner’s service record and forward the pension proposal to the appropriate education and pay authorities within specified time‑frames. The order noted that certain clauses would not bind the Education Authority as the AGP had not signed the consent terms.
Issues considered
- Whether the writ petitions may be disposed of on the basis of a settlement and consent terms signed by the parties
- Whether the Tribunal orders dated 26‑04‑2006 and 31‑07‑2006 can be confirmed in light of the settlement
- Whether clauses in the consent terms bind the Education Authority when the AGP has not signed
Subjects
- settlement
- writ petition
- consent terms
- withdrawal
- service benefits
- pension
- tribunal order
- civil appellate jurisdiction
Judgment
15-WP-7721-2007 @.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7721 OF 2007
NAVNATH
SITARAM Shrikant Tarachand Divate ...Petitioner
WAGHMARE
Versus
Digitally signed by Subhash Vidya Mandal And Ors. ...Respondents
NAVNATH SITARAM
WAGHMARE
Date: 2026.10.07
14:50:00 +0530
WITH
WRIT PETITION NO. 4499 OF 2006
Subhash Vidya Mandal, Pune And Anr. ...Petitioners
Versus
Shrikant Tarachand Divate and Anr. ...Respondents
WITH
WRIT PETITION NO. 6943 OF 2006
Subhash Vidya Mandal, Pimpalwadi ...Petitioner
Versus
The State Of Maharashtra And Ors. ...Respondents
****
Ms. Anita A. Agarwal for the Petitioner in WP/7721/2007.
Mr. Prathamesh Deshpande a/w Mr. Sarvesh Deshpande for the
Petitioner/s in WP/4499/2006 & WP/6943/2006 and for Respondent
Nos. 1 and 2 in WP/7721/2007.
Mr. A.I. Patel Addl. GP with V.R. Raje AGP for the Respondent/State in
WP/6943/2006 & WP/7721/2007.
Mr. S.L Babar AGP for the Respondent/State in WP/4499/2006.
Mr. Rahul Raman Kakade, Secretary, for Subhash Vidya Mandal, Pune is
present.
Mr. Shrikant Tarachand Divate, Petitioner in WP/7721/2007 is present
in Court.
****
CORAM : M.M. SATHAYE, J.
DATE : 06th OCTOBER, 2026
P.C. :
1. At the outset, learned Advocate for Respondent Management
undertakes to file vakalatnama in the Registry on or before 09.10.2026.
Navnath Waghmare 1
15-WP-7721-2007 @.doc
In view of request of earlier advocate appearing for Respondent-
Management, recorded in paragraph no. 1 of earlier order dated
31.08.2026 seeking discharge, the requirement of NOC for vakalatnama
of new Advocate, is dispensed with.
2. Learned counsel for the parties (Employee and Management)
have jointly tendered consent terms dated 06.10.2026 (page nos. 1 to
12). The same is taken on record and marked as ‘X’ for identification.
3. The consent terms are signed by the Petitioner- Mr. Shrikant
Tarachand Diwate who is present in the Court, who is duly identified by
the advocate for the Petitioner.
4. The consent terms are also signed by Mr. Rahul Raman Kakade
on behalf of the Management, who is Secretary of the Management
Institution. He is also present in the Court, who is duly identified by his
advocate. The copy of the resolution passed in meeting of the
Management Committee dated 22.08.2026 authorizing the said
secretary, is also annexed to the consent terms.
5. Advocate for respective parties have also signed the consent
terms
6. It is jointly submitted that the parties were involved in various
litigations arising out of Petitioner’s service with the Respondent-
Management, which has led to filing of above three writ petitions, one
being filed by the Petitioner-Employee and other two being filed by
Respondent-Management. It is stated that the parties have arrived at
amicable settlement and Respondent-Management has passed
resolution for settling the pending litigation. Respondent-Management
has agreed to pay a sum of Rs.2,62,169/- to the Petitioner and it is
agreed that Writ Petition No. 4499 of 2006 and Writ Petition No. 6943
Navnath Waghmare 2
15-WP-7721-2007 @.doc
of 2006 are to be withdrawn.
7. The Petitioner who is present in the Court, on a query by the
Court, has stated that he has signed the consent terms after
understanding contents therein and implications thereof. He has also
confirmed that he has received demand-draft (DD) of the said amount
in the Court. The Secretary of the Respondent-Management, on a query
by the Court, also confirmed that he has singed the consent terms after
understanding the contents and implications thereof.
8. In consideration of the amount received and the Management
agreeing to withdraw their petitions, the orders passed by the Tribunal
dated 26.04.2006 and 31.07.2006 are agreed to be confirmed and
therefore the Writ Petition No. 7721/2007 by the Petitioner Employee is
also agreed to be disposed of in terms of consent terms.
9. Learned AGP has not singed the consent terms. Therefore,
clause Nos. 25(4) to 25(7) therein, shall not bind the Respondent No.3-
Education Authority (State).
10. The Respondent-Management has agreed to update
Petitioner’s service book by giving continuity in service and forward the
pension and retiral benefits proposal of the Petitioner, duly completed in
all respects, to the Education Officer (Secondary) Zilla Parishad, Pune,
within a period of 4 weeks from today.
11. On receipt of such proposal, Education Officer (Secondary)
Zilla Parishad, Pune is directed to forward it to Pay and Accounts
Department, Mumbai, within a period of 2 weeks from the receipt
thereof.
12. The Pay and Accounts Department, Mumbai shall consider the
said proposal in accordance with law, as per applicable Rules, and
Navnath Waghmare 3
15-WP-7721-2007 @.doc
concerned department is directed to take decision on the said proposal
as expeditiously as possible, and in any case, within a period of 8 weeks
after receipt of such proposal.
13. Statements in paragraph 25(10) of the consent terms are
recorded as undertakings to this Court.
14. In view of the above, writ petitions are disposed of in terms of
consent terms, to be read alongwith present order.
15. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Navnath Waghmare 4
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