1 WP No.3987/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3987 of 2010 Shri Rakesh Ragho Patil ... Petitioner versus The State of Maharashtra & ors. ... Respondents ... Mr. N.V.Bandiwadekar for the petitioner. Mr.V.P. Patil AGP for respondent nos.1 and 2. Mr.P.S.Bhavke for respondent nos.3 and 4. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 11th October 2010 P.C. 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. Admittedly, petitioner is working as a Shikshan Sevak with the respondent nos.3 and 4. As per the averments in the petition, the petitioner has not been paid his salary by respondent nos.3 and 4 from 1st July 2006. Though the respondent nos.3 and 4 have filed affidavit, they have not stated anything about the payment or salary to the petitioner. In our opinion, as admittedly, petitioner is working with 2 WP No.3987/10 respondent nos.3 and 4 as Shikshan Sevak who has been appointed by respondent nos.3 and 4 whether the State Government pays Grant-in Aid for payment of salary to the petitioner or not, primary obligation of making payment of salary to the petitioner is of respondent nos.3 and 4 and therefore it is for respondent nos.3 and 4 to make payment of salary to the petitioner. If the Education Department has declined to approve appointment of the petitioner and if the reason given by the Education Department for declining to grant approval is wrong, it is for the management to challenge that order. A grievance made by a teacher in that regard should not normally be entertained. In our opinion, therefore, following order will meed the ends of justice. O R D E R 3. Respondent nos.3 and 4 are directed to pay salary to the petitioner in accordance with law for the period from 1st July 2006 till date and continue to pay him salary till he continues in service of respondent nos.3 and 4 for such period for which respondent nos.3 and 4 have not made payment of salary. Payment of arrears to be made by respondent nos.3 and 4 be made within a period of two weeks from today. Rule made absolute accordingly, No order as to costs. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)