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VARSHA JAIKISHAN KARNANI v. KANCHAN A CHETWANI AND ORS

Court: Bombay High Court

Bench: HON'BLE SHRI JUSTICE SUMAN SHYAM,HON'BLE SHRI JUSTICE S. M. MODAK

Judgment date:

Case summary

Bombay High Court judgment dated 2025-12-19. VARSHA JAIKISHAN KARNANI v. KANCHAN A CHETWANI AND ORS. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38356 OF 2025 IN WRIT PETITION NO. 2804 OF 2011 Reshma H. Panjwani …Applicant Versus The State of Maharashtra Thr. Secretary …Respondent ALONGWITH INTERIM APPLICATION NO. 3226 OF 2025 IN WRIT PETITION NO. 2804 OF 2011 Varsha Jaikishan Karnani …Applicant Versus Kanchan @ Chetwani and Ors. …Respondents ALONGWITH CIVIL APPLICATION NO. 2008 OF 2018 IN WRIT PETITION NO. 2804 OF 2011 Rekha Pesumal Bulani …Applicant Versus Mrs. Kanchan A. Chetwani and Ors. …Respondents ALONGWITH INTERIM APPLICATION NO. 38355 OF 2025 Digitally signed SEEMA by SEEMAKSHITIJ KSHITIJ YELKAR Date: YELKAR 2025. 12. 22 15:00:56 +0530 Seema th IN WRIT PETITION NO. 2804 OF 2011 Rekha Ramchandra Israni …Applicant Versus The State of Maharashtra Thr. The Secretary …Respondent Mr. Devesh Saralkar i/by P. V. Thorat, for the Petitioners . Adv. Anima Mishra, Anuj Singh, Vinod Patil, Priyanka P. , for the Applicant. Mr N. C.

Walimbe, Addl. GP with Smt. R. M. Shinde, AGP for the Respondent-State. CORAM: SUMAN SHYAM & S. M. MODAK, JJ. th DATED: 19 DECEMBER 2025. PC:- INTERIM APPLICATION NO. 3226 OF 2025 1. The Interim Application (Civil) No. 3226 of 2005 has been filed by the Applicant seeking impleadment as Petitioner in the connected Writ Petition (Civil) No. 2804 of 2011 on the grounds stated herein. However, during the pendency of the Interim Application, the Applicant has amicably settled the matter with the contesting Respondent-School Management. 2. Accordingly, the Consent Terms dated 18. 12. 2025, signed by both the sides have also been tendered. The Consent Terms are taken on record and marked as ‘X’ for ready reference. Seema th 3. In view of the settlement arrived at, by and between the Parties, the Interim Application (Civil) No. 3226 of 2025 stands disposed of on the following Consent terms:- CONSENT TERMS “The Applicant, Mrs.

Varsha Jaikishan Karnani and the Respondents respectfully submit the following Consent Terms for consideration and disposal of the above Writ Petition: 1. Petitioners Kanchan A. Chetwani and Others have filed the Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay them salary and service benefits as per the M. E. P. S. Act and applicable Rules. 2. The Applicant, Mrs. Varsha Jaikishan Karnani, has filed the present Interim Application (Civil) in Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay her salary and service benefits as per the M. E. P. S. Act and applicable Rules. 3. The parties have amicably resolved their disputes and agreed upon the following Consent Terms: A. The Respondent Nos.

5 and 6, the School Management, agree and undertake to pay the Applicant the following amount as full and final settlement of all past, present, and future claims including salary, arrears, allowances, and service benefits: Sr. Name of Settlement TDS Amount Net Payabl No. Teacher Amount (Rs. ) (Rs. ) Amount (Rs. ) 1. Mrs. Varsha 40,00,000/- 7,57,482/- 32,58,650/- Jaikishan Karnani Seema th B. In view of financial hardship faced by the Applicant during the Diwali festival, the Respondent school management paid an advance of ₹ 5,00,000/- on 03. 10. 2025, which Applicant accepted without prejudice to her rights. After adjusting the above advance, the Respondent school management has now issued the final balance amount cheque, which the Applicant acknowledge and accept. The final payable amount is as follows: Sr. No. Name of Settlement TDS Net Payabl Teacher Amount (Rs. ) Amount Amount (Rs. ) (Rs. ) 1. Mrs. Varsha 32,58,650/- 5,00,000/- 27,58,650/- Jaikishan (Cheque No. Karnani 000447) C.

The Applicant acknowledge receipt of the above payment, including the amount already paid as Diwali advance. The Respondents confirm that TDS has been appropriately deducted and will be credited against the Applicant's PAN with the Income Tax Department. D. The Applicant have also made a request to the Respondent School Management for Provident Fund (PF) encashment, and the said request has been duly considered and acted upon. The Management has accordingly processed and completed the PF encashment formalities. E. The Respondents shall issue the following documents to each Applicant: a) Experience Letter b) Character Certificate Seema th 4. In view of the above settlement, the Applicants' services shall stand concluded, and the Applicant shall not raise any further claims against the School Management in relation to her service. 5. It is prayed that the Hon'ble Court may dispose of Interim Application (Civil) No. 3226 OF 2025 in terms of these Consent Terms. ” 4.

Interim Application stands disposed of. CIVIL APPLICATION NO. 2008 OF 2018 5. The Civil Application No. 2008 of 2018 has been filed by the Applicant seeking impleadment as Petitioner in the connected Writ Petition (Civil) No. 2804 of 2011 on the grounds stated herein. However, during the pendency of the Civil Application, the Applicant has amicably settled the matter with the contesting Respondent-School Management. 6. Accordingly, Consent Terms dated 18. 12. 2025, signed by both the sides have also been tendered. The Consent Terms are taken on record and marked as “Y” for ready reference. 7. In view of the settlement arrived at, by and between the Parties, the Civil Application No. 2008 of 2018 stands disposed of on the following Consent terms:- CONSENT TERMS “The Applicant, Ms. Rekha Pesumal Bulani and the Respondents respectfully submit the following Consent Terms for consideration and disposal of the above Writ Petition: Seema th 1. Petitioners Kanchan A.

Chetwani and Others have filed the Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay them salary and service benefits as per the M. E. P. S. Act and applicable Rules. 2. The Applicant, Ms. Rekha Pesumal Bulani, has filed the present Civil Application in Writ Petition (Civil) No. 2804 of 2011 before this Hon'ble Court seeking directions to the Respondents to pay her salary and service benefits as per the M. E. P. S. Act and applicable Rules. 3. The parties have amicably resolved their disputes and agreed upon the following Consent Terms: A. The Respondent Nos. 5 and 6, the School Management, agree and undertake to pay the Applicant the following amount as full and final settlement of all past, present, and future claims, including salary, arrears, allowances, and service benefits: Sr. No. Name of Settlement TDS Net Payabl Teacher Amount Amount Amount (Rs. ) (Rs. ) (Rs. ) 1. Ms.

Rekha 38,00,000/- 7,00,134/- 31,17,862/- Pesumal Bulani B. In view of financial hardship faced by the Applicant during the Diwali festival, the Respondent school management paid an advance of 5,00,000/- on 03. 10. 2025, which Applicant accepted without prejudice to her rights. After adjusting the above advance, the Respondent school management has now issued the final balance amount cheque, which the Applicant acknowledge and accept. The final payable amount is as follows: Seema th Sr. Name of Teacher Settlement TDS Amount Net Payabl No. Amount (Rs. ) (Rs. ) Amount (Rs. ) 1. Mrs. Rekha 31,17,862/- 5,00,000/- 26,17,862/- Pesumal Bulani (Cheque No. 000446) C. The Applicant acknowledge receipt of the above payment, including the amount already paid as Diwali advance. The Respondents confirm that TDS has been appropriately deducted and will be credited against the Applicant's PAN with the Income Tax Department. D.

The Applicant have also made a request to the Respondent School Management for Provident Fund (PF) encashment, and the said request has been duly considered and acted upon. The Management has accordingly processed and completed the PF encashment formalities. E. The Respondents shall issue the following documents to each Applicant: a) Experience Letter b) Character Certificate 4. In view of the above settlement, the Applicants' services shall stand concluded, and the Applicant shall not raise any further claims against the School Management in relation to her service. 5. It is prayed that the Hon'ble Court may dispose of Civil Application No. 2008 OF 2018 in terms of these Consent Terms. 8. Civil Application also stands disposed of. (S. M. MODAK, J. ) (SUMAN SHYAM, J. ) { Seema th

Source: Bombay High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.