4.wp.242.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.242 OF 2009 Mr.Sarjerao Nivrutti Shingade. ..Petitioner. Versus The Secretary, Shri Chhatrapati Shikshan Sanstha and others. ..Respondents. .... Mr.S.V. Pitre, Advocate for the Petitioner. Mr.A.M.Joshi, Advocate for respondent No.1. Mr.C.R. Sonawane, A.G.P., for respondent Nos.3 to 5. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 30TH NOVEMBER, 2009 P.C.:- 1. Heard learned Counsel for both the sides. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. 2. Within a period of two weeks from today, the petitioner shall make application/representation to the Deputy Director of Education, Pune Region, Pune making a grievance about non-payment of salary to the petitioner. 4.wp.242.09 2 The petitioner shall disclose all particulars about his date of appointment, salary to which he is entitled to in accordance with law and payment that he has received so far in lieu of salary from the Management. The petitioner shall also place all the documents on which he proposes to rely in support of his case before the Deputy Director. The petitioner before filing such application/representation before the Deputy Director shall serve copy thereof on the Management. The Management within a period of two weeks from the date of receiving copy of such application/representation from the petitioner, shall submit its point of view before the Deputy Director. 3. All objections the Management may wish to raise can be raised by it, which shall be considered by the Deputy Director and the Deputy Director shall thereafter decide the claim of the petitioner for payment of salary by a reasoned order. It is made clear that if the Deputy Director finds that the Management despite appointing the petitioner solemnly has not been paying full salary consistently, then the Deputy Director may consider whether any action for de- 4.wp.242.09 3 recognizing the school of the Management can be taken. The order shall be made by the Deputy Director within a period of 12 weeks from the date on which reply of the Management is received or the time fixed for filing the reply by the Management is over. All contentions available to both sides are kept open. Similarly the remedies that may be available to both the sides against the order that may be passed by the Deputy Director are also kept open. 4. With the above observations, Writ Petition is disposed of. (D.K.DESHMUKH,J) (K.K. TATED,J)