- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4907/1999 1] The Ujwala Education Society, Ulhasnagar, through its Secretary Shri Baburao Sakharam Borade, age 70 yrs., occu.social service, r/o Kotul Tq.Akole Dist.Ahmednagar. 2] The Head Master, Savitribai Fule Kanya Vidyalaya, Kotul. Tq.Akole Dist.Ahmednagar. ...Petitioners.. Versus 1] The State of Maharashtra. 2] The Deputy Director of Education, Central Building, Pune. 3] The Education Officer (Secondary), Zilla Parishad, Ahmednagar. ...Respondents... ..... Shri S.K. Shinde, Advocate for petitioner. Shri K.G. Patil, AGP for respondent nos.1 to 3. ..... - 2 - CORAM: B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 17.08.2010 ORAL JUDGMENT (Per Gavai, J.): 1] Heard learned counsel for the parties. 2] The petitioners had filed the present petition seeking a direction against the respondents to pay the non-salary grants to them. 3] Shri S.K. Shinde, learned counsel appearing for the petitioners, submits that the action of the respondents in withholding the non-salary grants of the petitioner no.1 – institution was not justifiable in law. 4] In the affidavit in reply filed on behalf of the respondent – Education Officer, it has categorically been stated that the learned School Tribunal, vide judgment and order in Appeal No.74/1998, had directed back wages to be paid to the appellant therein i.e. N.D. Barve. It has further been directed by the Tribunal that in the event the present petitioners failed to pay the back wages, the same shall be paid by the Education Officer and deducted from the non-salary grants payable to the petitioners. - 3 - 5] In that view of the matter, no illegality could be found in the action of the respondents, which may warrant any interference. The petition is, therefore, dismissed. Rule is discharged. No order as to costs. (S.V. Gangapurwala, J.) (B.R. Gavai, J.) ndk/c178108