The Management of Vs Smt Pratibha Daisy

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS ON THE FILE OF THE EDUCATIONAL APPELLATE TRIBUNAL, BANGALORE CITY CCH.NO.11 IN MA(EAT)22/03, QUASH THE IMPUGNED JUDGMENT AND ORDER DATED 19.9.2018 PASSED BY THE EDUCATIONAL APPELLATE TRIBUNAL, BANGALORE CITY (CCH.NO.11) IN M.A.(EAT)22/03 AT ANNEXURE-E AND CONSEQUENTLY DISMISS THE APPEAL NO.MA(EAT)22/03 FILED BY THE RESPONDENT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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HC-KAR

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ORAL ORDER

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The representative of the petitioner and the respondent are physically present before the Court. They are identified by their respective counsel.

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The petitioner and the respondent have filed a Joint Memo, which reads as follows:

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" JOINT MEMO FOR SETTLEMENT

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The petitioner and Respondent above named most respectfully submits as follows:

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The Respondent has challenged the order of removal dated 23-07-2003 passed by the Petitioner before the Education Appellate Tribunal at Bangalore in MA EAT No.22/2003. That the Hon'ble Tribunal after hearing the respective parties to the proceedings has partly allowed the appeal by a Judgment and order dated 19-09-2018. The operative portion of the Judgement and order/Decree passed by the Tribunal is as follows

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(1) The Appeal filed under section 94 of the Karnataka Education Act, 1983 by the Appellant is hereby partly allowed.

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(2) The Respondent is hereby directed to pay salary to the Appellant for the period from June 2003 to April 2018 on the basis of equal pay on par with the other teachers as per section 5 of the Karnataka Private Educational Institutions

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HC-KAR

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Rule, 1978, subject to deduction of salary already paid to the appellant.

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(3) The Appellant is also entitled for consequential benefits.

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It is submitted that the petitioner being aggrieved by the Judgement and Order dated. 19.09.2018 passed by the Educational Appellate Tribunal at Bangalore [CCH No.11] in Μ.Α. [EAT] No. 22/2003 has approached this Hon'ble Court in this Writ Petition. It is submitted that during the pendency of the Writ Petition the Petitioner and the Respondent have entered into an amicable settlement of the dispute on the following terms and conditions:

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The petitioner has agreed to pay in a sum of Rs. 22,00,000/- [Twenty two Lakhs Rupees Only] to the Respondent as a full and final settlement of all her claims namely salary and all other consequential benefits arising out of the Judgment and Order dated. 19.09.2018 passed by the Educational Appellate Tribunal at Bangalore [CCH-11] in M.A. [EAT] No. 22/2003 for which the Respondent as agreed.

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The Respondent has paid in a sum of Rs.22,00,000/-[Twenty two Lakhs Rupees Only] vide Demand Draft bearing no. 410162 dated13-10-2025 drawn on Bank of Baroda, Vasanth Nagar, Bengaluru-560 052, in favour of the Respondent and the Respondent as acknowledge for having received the above mention Demand draft.

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The Respondent has agreed to withdraw the Execution Petition No. 1207/2019 filed by her

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HC-KAR

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before the VIth Additional City Civil and Sessions Judge at Bangalore [CCH-11] against the Petitioner in the light of the settlement of dispute between the parties.

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The Respondent further declare that there is no further claim whatsoever from the petitioner in future and the relationship of the master and servant between the petitioner and Respondent seize to exist.

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The Respondent has voluntarily entered into settlement and there is no force/ compulsion from either of parties to enter into this Memorandum of Settlement."

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The petitioner has paid a sum of ₹22,00,000/through Demand Draft No.410162 dated 13.10.2025 drawn on the Bank of Baroda, Vasanth Nagar Branch, Bangalore, in favour of the respondent, and the said amount is towards the arrears of salary from 2003 to 2018.

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The contents of the Joint Memo have been read over and explained to the representative of the petitioner and the respondent. They accepted the terms, and conditions of the Joint Memo and accordingly prays to dispose of the writ petition.

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