1wp-6543-08 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.6543 OF 2008 Hindustan Education Society and Anr ..Petitioners. vs. State of Maharashtra & Ors. ..Respondents. Mr Sandip Pathak i/b Mr S.B. Deshmukh for the Petitioners. Ms Neha Bhide for the Respondents. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 16TH NOVEMBER,2009 2wp-6543-08 P.C.:- 1. There are two petitioners in this petition. The first petitioner is the Management and the second petitioner has been appointed as a Superintendent. Because of the policy decision of the Government that where a Primary Ashram Shala and Secondary Ashram Sahala are at the same place the Government will not pay salary grant for the post of the Superintendent, the Government has declined to approve the appointment of petitioner No.2 as a Superintendent. If, according to the petitioner no. 1 Management, post of Superintendent is necessary, then, in our opinion, nothing prevents the Management from continuing the petitioner No.2 as the Superintendent and pay his salary. It is made clear that no part of salary of the petitioner no.2 as Superintendent will be payable by the State Government. If the Management is paying salary to the petitioner No.2 as Superintendent the Government or its officers have no authority to cancel that 3wp-6543-08 appointment. 2. After going through the record, we find that as the Primary Ashram Shala and Secondary Ashram Shala of the petitioners are at same place. Though according to the petitioners they are at a distance of about 1600, in our opinion, as her policy decision of the State Government, no salary grant is payable by the State Government for the post. If the Management does not pay the petitioner no.2 as Superintendent, the petitioner No.2 will be at liberty to adopt remedies that may be available in law. Petition is hereby disposed of. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)