WP/871/2009 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.871 OF 2009 The Secretary Shri Swami Vivekanand Shikshan Sanstha & Ors. ... Petitioners V/s. Shri Vasant Hindurao Patil & Ors. ... Respondents Mr.A.B. Borkar for Petitioners Mr.S.P. Kadam for Respondent No.1 Mr.S.D. Rayrikar, AGP, for State CORAM: SMT.NISHITA MHATRE, J. DATE: JANUARY 14, 2011 P.C.: 1. The petition has been preferred against the decision of the School Tribunal dated 27.8.2008. The Tribunal has held that Petitioner Nos.2 and 3 have been illegally promoted by the respondent management by superseding Respondent No.1. The Tribunal has directed the Petitioner No.1 to pay the difference in the salary and other consequential allowances to Respondent No.1 from time to time as if he was promoted to the post of headmaster in the place of Petitioner No.2. It has been further directed to prepare the pension papers of Respondent No.1 and to submit the same within two months to the authorities. 2. Admittedly, Respondent No.1 has attained the age of superannuation on 31.3.2001. Therefore, the question of posting him as a headmaster does not arise. WP/871/2009 : 2 : However, it appears that Respondent Nos.2 and 3 have drawn the salary after the grant was released during the interregnum. Furthermore, they have both worked as headmasters during that period. In these circumstances, it would not be proper to direct Petitioner No.1 to pay the difference in salary and other consequential allowances to Respondent No.1. 3. However, Respondent No.1 will be notionally posted as a headmaster for the purposes of retiral benefits. Thus, he shall be paid retiral benefits due to him as if he worked as a headmaster upto the date of superannuation. 4. With this modification in the order of the Tribunal, the Writ Petition is disposed of.