1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No. 153/2003 Feroz Khan s/o Noor Khan ..vs.. Ali Hussain Mamdani, Secretary Manager, Yavatmal Islamiya Anglo Urdu Education Society, Yavatmal and ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Johrapurkar, Advocate for petitioner. Mr. Patil, Advocate for respondents. Coram: R. K. Deshpande, J. Date : March 15, 2010 1. Heard learned counsel for the parties. 2. This petition complains about willful disobedience of the order dated 10.03.2003 passed by this Court in Writ Petition No. 4340/2002 and order dated 17.01.2005 passed in Civil Application No. 8368/2004 in the same writ petition. Mr.Johrapurkar, learned counsel for the petitioner submits that in terms of both these orders, the petitioner was required to be reinstated in service and further direction was given to the Management to continue to pay salary applicable to the post of Assistant Teacher regularly. Similarly, direction was also given to the respondent to deposit complete amount of salary of the petitioner for the period from 10.03.2003 to 25.08.2004. Learned counsel for the petitioner submits that this has not been 2 done. The petitioner has not been paid his salary in senior scale for the period from 10.03.2003 to 25.08.2004. 3. Mr. Patil, learned counsel for the respondents submits that the petitioner has been reinstated in service and is being paid salary regularly from 10.03.2003. He further submits that the amount of his salary has been deposited for the period from 10.03.2003 to 25.08.2004 in terms of order dated 17.01.2005 passed by this court. Learned counsel further submits that there is no direction to the respondents to pay salary of the petitioner as per senior scale and there are reasons given by the Management for not paying salary of a senior scale teacher. 4. In view of the fact that there is no such direction issued by this Court to pay salary of the petitioner in senior scale applicable to the Assistant Teacher, there is no question of willful disobedience of the order. Hence, the contempt petition is dismissed. It is, however, made clear that it will be open for the petitioner to adopt any other remedies, as are available to him in law for claiming fixation in senior scale and this order of dismissal of the contempt petition shall not come int he way of the petitioner. 3 Civil Application Nos. 5716/2003, 241/2004, 8623/2004, 19/2010 In view of disposal of Contempt Petition No.153/2003, nothing survives in the present civil applications, the same are, therefore, disposed of accordingly. J UDGE kahale