sat 1 ca 374-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 374 OF 2011 IN WRIT PETITION NO. 3578 OF 2005 Dr.Jaiprakash Lalji Mishra ...Applicant vs. Hindi Prachar Mandal & Ors. ...Respondents Mr.Jaipakash L. Mishra, Applicant in person present. Mr.A.G. Kothari for Respondent Nos.1 and 2. CORAM : M.L. TAHALIYANI, J. SEPTEMBER 21, 2011 P.C :- 1 Heard the applicant/respondent no.1 in the main petition in person and learned Advocate Mr.Kothari for respondent nos.1 and 2/petitioners in the main petition. None for other respondents. 2 The dispute in writ petition is mainly between the petitioners and respondent no. 1. The petitioners Hindi Prachar Mandal and other have moved this Court for setting aside and quashing impugned order passed by the School Tribunal, Navi Mumbai. The order of the School Tribunal runs as under :- sat 2 ca 374-2011 “ The appeal is allowed. The order of termination dated 27.6.2001 is hereby set aside. The respondent no.4 and 5 are hereby directed to reinstate the appellant on the post of Instructor within fourty days from the date of this order with all consequential benefits including continuity of service and backwages from the date of termination till the date of reinstatement. No order as to costs.” The order was passed by the School Tribunal was against the order of the petitioners in the main petition terminating the services of respondent no.1/applicant herein. During the pendency of the present petition, this Court had passed an order on 8th December 2009 by Minutes which runs as under :- “1. The Applicant will be paid a sum of Rs.11,31,554/- as per Order dt.3rd December 2009 of this Hon’ble Court as mentioned hereinbelow. 2. The Applicant has been paid a sum of Rs. 2,00,000/- by Cheque No.127006 dt.8th December 2009 drawn on The Kalyan Janta Sahakari Bank Ltd, Kalyan. 3. The Applicant will be paid a sum of Rs. 9,31,554/- by the following postdated Cheques all drawn on The Kalyan Janta Sahakari Bank Ltd, Kalyan as under which have been handed sat 3 ca 374-2011 over to the Applicant today. Cheque No. Dated Amount 127007 08.01.2010 1,86,311/- 127008 08.02.2010 1,86,311/- 127009 08.03.2010 1,86,311/- 127010 08.04.2010 1,86,311/- 146861 08.05.2010 1,86,310/- 4. The payment of the aforesaid amount of Rs. 11,31,554/- and the amount of Rs.40,000/- and Rs.50,000/- deposited earlier in this Hon’ble Court and in the Court of Civil Judge respectively is without prejudice to all rights and contentions of the Respondent Trust and subject to final outcome of the decision in W.P.No.3578 of 2005. The Applicant is at liberty withdraw the aforesaid amount of Rs.40,000/- and Rs.50,000/- deposited earlier in this Hon’ble Court and in the Court of Civil Judge. 5. The Applicant confirms that the Order dt.6th November 2009 passed by the Joint Civil Judge S.D. Kalyan in Special Darkhast No.70 of 2006 stands fully and finally satisfied and accordingly the Applicant undertakes not to take any steps to execute the aforesaid Order dt.6th November 2009. 6. The Writ Petition No.3578 of 2005 to be heard expeditiously and pending such hearing the Applicant will not enforce the Order dt.1st April 2005 of the Hon’ble School Tribunal. 7. The Civil Application Stamp No.29084 of 2009 to stand disposed off.’” sat 4 ca 374-2011 3 Admittedly, the amount of Rs.11,31,554/- mentioned in para 1 of the said order has been paid to the applicant. In fact, the applicant submits that he has received more than this amount. In view of this, Clause 6 of the said order is binding upon the applicant. Admittedly, the applicant has not taken out any execution proceedings before the Civil Judge. By present application, the applicant prays for payment of his salary from 26.6.2009 till 23.1.2011. It is submitted by the applicant that he has received salary till 25th June, 2009. It is noticed that the retirement date of the applicant is 23.1.2011. 4 After hearing both the sides, it appears that if the prayer in the present application is granted, the applicant would be receiving whole of the salary of the period served by him. As such, major issue involved in this writ petition will stand adjudicated upon in the Misc.Application.. Since the main petition is ready for final hearing, I do not see any reason to pass an order on this application at this interim stage. 5 Civil Application stands dismissed. 6 Writ petition be listed for final hearing after four weeks. sat 5 ca 374-2011 (M.L. TAHALIYANI, J.)