1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.38 of 2010 In Letters Patent Appeal No.359 of 2007 In Writ Petition No.4732 of 2007 (D) (Ku. Meena d/o Pandurang Godbole v. Shri Pralhad Bakaramji Gajbe and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Prashant Gode for Petitioner. Shri S.S. Tambulkar, Advocate for Respondents. Coram : R.K. Deshpande, J. Dated : 5 th October, 2010 This contempt petition complains about willful disobedience or breach of the order dated 19-3-2008 passed by the Division Bench of this Court in Letters Patent Appeal No.359 of 2007. This Court had directed the Management to pay subsistence allowance to the petitioner from 16-3-2006 and onwards. According to the learned counsel for the petitioner, this has not been complied with and hence this contempt petition has been filed. It is not in dispute that the services of the petitioner were terminated with effect from 1-9-2008. Hence, the question is about the payment of subsistence allowance to the petitioner for 2 the period from 16-3-2006 to 1-9-2008. According to the petitioner, if the subsistence allowance is calculated in accordance with Rule 34 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 along with the revision in the pay scale, then the amount would come to Rs.3,74,168/-, whereas the contention of the Management is that only an amount of Rs.1,11,066.50 is payable to the petitioner for the period from 16-3-2006 to 1-9-2008. Without going into the dispute regarding the amount payable to the petitioner for the period from 16-3-2006 to 1-9- 2008, it is apparent that there is no question of willful disobedience or breach of the order passed by this Court. If there is any dispute regarding the amount payable, the same can be resolved by having recourse to the appropriate proceedings. The contempt petition is, therefore, dismissed. Judge pdl