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Judgment
A.N. Venugopal Gowda, J.—Respondent joined service of the petitioner as a Physical Education Teacher and worked in the High School of Kodlipet Junior College, Kodlipet. He was dismissed from service by the Managing Committee of the petitioner on 12-1-2004. The order of dismissal was questioned in EAT No. 2 of 2004, on the file of the Education Appellate Tribunal, Madikeri, in an appeal u/s 94 of the Karnataka Education Act, 1983. The Tribunal having allowed the said appeal and set aside the impugned order of dismissal from service, this writ petition was filed to quash the judgment, as at Annexure-A, of the Education Appellate Tribunal, Madikeri. The parties have entered into a compromise and an application under Order 23, Rule 3 of Civil Procedure Code, 1908 was presented by the learned Advocates appearing for the parties. The application has been signed by both the parties and their learned Advocates. Respondent is present before the Court and is identified by Sri M.E. Nagesh, learned Advocate. Respondent submits that he has entered into the compromise and is agreeable for the terms and conditions incorporated in the compromise petition and sought its acceptance.
Having perused the compromise petition, the same being lawful and the due execution being not in dispute, is read and recorded. The mutually agreed terms and condition read thus:
"1. Petitioner shall reinstate the respondent forthwith. Respondent is not entitled for any back wages or any other kind of financial benefits from the date of dismissal order till the date of reinstatement.
Respondent shall not give any scope for any misconduct and shall not involve in any disorderly behaviour.
Respondent agreed not to claim any financial benefits, arrears of back wages and consequential benefits upon the orders of reinstatement.
Respondent is entitled to continuity of service and seniority as per the departmental rules. Respondent shall not claim any further benefits in this regard from the petitioner-society.
Respondent agrees for any transfer orders, transferring him to any other Educational Institutions in the event of any untoward incident or objection from the public regarding reappointment and reinstatement of the respondent.
Respondent shall incur all costs and expenses of reinstatement.
Respondent shall not give any scope for any misbehaviour, disorderly conduct or any other wrong behaviour. Respondent agreed that, it is his duty to safeguard the reputation of the petitioner-society.
Respondent shall not consume liquor or smoke, cigarette or beedi while he is on duty and shall be a role model for the students."
Writ petition is disposed of in terms of the compromise petition, which is placed on record.