1 CP 362/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CONT. PETITION NO.362 OF 2011 ,In WP/249/2009 ,With CA/12373/2011 ,In CP/362/2011 SURESH JOHN SABALE VERSUS USHA PREMCHAND GAIKWAD ... Advocate for Petitioner : Mr. Ashok Ghuge AGP for Respondents No.2 & 3: Mr.KJ Ghute-Patil. Mr.Jadhavar Santosh S. Adv. For Resp.No.1 Mr.CV Dharurkar, Adv. for intervenor. --- CORAM : K.U.CHANDIWAL, J. DATE : 21st NOVEMBER, 2011. PER COURT : 1) Heard Mr.Ghuge, learned Counsel for the petitioner extensively. He asserts, there is contempt of order recorded by this Court dated 13th August, 2009 in Writ petition No.249/2009. The Order, relevant for the purposes of the present contempt petition, reads as under: “7. It is reported that in view of the pendency of the dispute, the salary bills have not been cleared by the Education Officer for long time. In that view of the matter said Smt. U.P.Gaikwad, who has been directed to be recognized as In- charge Head Master, shall submit 2 CP 362/2011 necessary pay bills including pay bills for arrears within a period of three weeks from today. On receipt of the said pay bills, the respondent No.3 – Education Officer shall released salary in accordance with law within a period of three weeks from receipt of the bills. 8. Taking into consideration the peculiar facts and circumstances of the case, the Education Officer would consider appointing a Government Officer as an Administrator over the School." 2) Mr.Ghuge reiterates, that since the order is not complied with in its letter and spirit, the respondents/contemnors have invited action against them. 3) The learned Counsel has also given reference of unequal pattern of behaviour from the Education Officer or the management and as indicated that in similarly placed situation, one Mr.Y.R.Kamble, another teacher, has been benedicted with release of salary by the Education officer, as the bills were remitted by the management pursuant to the directions of this 3 CP 362/2011 Court. 4) Said Yoseph Kamble has moved an application for intervention in the present contempt petition being CA NO.12373/2011. CA for intervention disposed of, as the Court has to deal with Contempt Petition. 5) The Education Officer (Secondary), Zilla Parishad, Ahmednagar, has filed affidavit, which deals with the situation and he has placed catalogue of events, that the bills, as per the orders passed by this Court, are not yet submitted by the Head Mistress of the School. On the contrary, the Head Mistress, as could be seen in para no.4 of the affidavit, informed the Education Officer that the petitioner was absent from May 2006 to September 2008 as per the Muster maintained by the School and, therefore, his salary is not paid as well as Service Book of the petitioner is not available in the office. 6) Learned Counsel for the petitioner disputes this situation. However, this Court, exercising contempt jurisdiction, is not called upon to ponder and dwell upon such disputed questions of fact. Consequently, I do not see any omission or dereliction on the part of the respondents in complying the orders of this 4 CP 362/2011 Court, dated 13th August, 2009 in WP No.249/2009. 7) Notice discharged. Contempt petition dismissed. (K.U.CHANDIWAL) JUDGE bdv/