1 srk wp-959-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.959 OF 2010 Shree Pravin N. Tribhuvan ... Petitioner Versus State of Maharashtra and others. ... Respondents Mr. Sandeep Salunkhe and Mr. Satyajeet Anil Rajeshirke for the petitioner. Mr. D.V. Sutar for respondent No.4. Ms. Anjali Helekar, Assistant Government Pleader for respondent Nos.1 to 3. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Monday, December 06, 2010 P .C. By our order dated 7th July, 2010, we had directed that the Charity Commissioner shall decide the dispute pending before him of two sets of trustees of Marathi Mission expeditiously and preferably within a period of four months from receipt of the order. We had also noted that one set of trustees claims to have appointed the petitioner as headmaster and other set of trustees claims to have appointed one Kadam (presently working as Asstt. teacher in the school) on the same post. 2. The learned counsel for the respondents and even the learned Assistant Government Pleader do not dispute the fact that the petitioner has been rendering the services of the headmaster of the school since 1st May, 2007 and that, Mr. Kadam is still working as Assistant teacher in the school. 3. We are, therefore, of the view that merely on the ground of 2 srk wp-959-10.sxw pendency of the dispute between the two sets of trustees before the Charity Commissioner the petitioner who is actually rendering the services of headmaster, is deprived of the salary in the pay scale of headmaster with effect from 1st May, 2007. We are, therefore, of the view that the following order will serve the interest of justice: (i) The petitioner's salary shall be fixed in the pay scale of headmaster with effect from 1st May, 2007. The petitioner will accordingly, be paid salary and allowances as headmaster with effect from 1st January, 2011 and his salary and allowances for the period from 1st May, 2007 till 31st December, 2010 less the amount already paid to the petitioner as salary and allowances for the post of Assistant teacher shall be paid to the petitioner with a condition that the said amount shall be invested in a fixed deposit in the Nationalised bank and the petitioner shall file an undertaking on affidavit that the said deposit will abide by the outcome of the proceedings before the Charity Commissioner/ (ii) The interest accruing on the said fixed deposit may be withdrawn by the petitioner subject to the outcome of the proceedings before the Charity Commissioner. (iii) Since the dispute is still pending before the Charity Commissioner and that is the only ground on which petitioner's appointment is not recognised, we dispose of this petition with a direction to the respondent-authorities 3 srk wp-959-10.sxw to take appropriate decision about regularisation of the petitioner's appointment after the Charity Commissioner decided the dispute between the two sets of trustees. Till then, the petitioner shall be treated as headmaster at the concerned school on provisional basis. (iv) The undertaking to be filed within one week after the petitioner is paid the amount by the respondents. (v) Time limit for deciding the dispute by the Charity Commissioner is extended till 31st May, 2011. Petition stands disposed of in the above terms. CHIEF JUSTICE S.J. KATHAWALLA, J.