:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.2125 OF 2007 APPLICATION NO.2125 OF 2007 APPLICATION NO.2125 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO. 6022 OF 2002 PETITION NO. 6022 OF 2002 PETITION NO. 6022 OF 2002 .......................................................... Office Notes, Office Memorandum of Coram, appearance, Court’s Court’s or Judge’s orders or directions and orders Registrar’s orders .......................................................... Mr. N.V. Bandiwadekar for the Applicant. Mr. R.S. Apte with Ms. Saloni Desai for the Respondent. Mr. S.K. Chinchlikar, AGP for the State. CORAM CORAM CORAM : MRS.NISHITA MHATRE,J. : MRS.NISHITA MHATRE,J. : MRS.NISHITA MHATRE,J. DATE DATE DATE : 11TH OCTOBER 2007 : 11TH OCTOBER 2007 : 11TH OCTOBER 2007 P.C. P.C. P.C. : : : . The Petition has been filed against the order of the School Tribunal granting re-instatement and continuity in service with backwages to Respondent No.1 in the Petition. 2. The present Civil Application has been taken out by Respondent No.1 in the Writ Petition filed by the aggrieved Respondent in the :2: Appeal before the School Tribunal. In this Civil Application the Applicant has stated that pursuant to the directions of the Tribunal, the Management has re-instated him in service. However, he has not been paid his salary for the last four years. The Deputy Director of Education has not advanced the salary grant on the ground that the present petition is pending hearing. 3. In my opinion, this cannot be a reason for not giving the grant or for not paying the salary of the Applicant. The primary responsibility for payment of salary is that of the Management. Therefore, the salary must be paid especially since there is no stay granted to the order of the School Tribunal. :3: 4. In these circumstances, the Civil application is allowed. The Respondent - Junior College shall pay the salary of the Applicant whether or not the grant is given by the Government to the Institution. 5. The Civil Application is disposed of. (MRS. (MRS. (MRS. NISHITA MHATRE,J.) NISHITA MHATRE,J.) NISHITA MHATRE,J.)