1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO: 775/2008 IN WRIT PETITION NO. 3622004 (Shri Massod Ahmed s/oHafiuj Abdul Aziz vs. Kamptee Citizen Education and Cultural Society and others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 07th February, 2008. *** By way of present application, the applicant seeks a direction to the respondent nos. 1 and 3 to prepare the salary bill of the petitioner for the 50% salary during the period of suspension till termination i.e. between 12.4.1997 and 30.6.1997 and submit the same to the respondent no.4. The applicant is further seeking a direction that the Education Officer to scrutinise the bill submitted by respondents 1 and 3 and make the payment to the petitioner. 2. Shri A.Shelat, learned counsel appearing on behalf of the petitioner submits that during the period of suspension pending enquiry, the petitioner was paid 50 % of salary as subsistence allowance. It is submitted, however, subsequently termination has been set aside by the learned School Tribunal. He, 2 therefore, submits that the petitioner is entitled to 50 % of the salary which was not paid to him during the period of suspension. 3. The application is vehemently opposed by Shri Lala, learned counsel appearing on behalf of respondents 1 to 3. He submits that since the learned School Tribunal did not grant back wages, the petitioner is not entitled to the difference of salary not paid to him. 4. Undisputedly, the termination of the petitioner was set aside by the learned School Tribunal. It is also not disputed that the petitioner has been paid only 50 % of salary being subsistence allowance during the period of suspension. It is not anybody's case that salary has been paid to anyone which was to be paid to the petitioner. In that view of the mater I am inclined to allow the application. 5. Civil Application is allowed. The Respondents 1 and 3 are directed to prepare salary bill of the petitioner for 50 % of salary during the period of termination i.e. From 12.4.1997 to 30.6.1997 and submit the same to the respondent no.4- Education Officer within a period of four weeks from today. On receipt of such bill, the Respondent no.4 shall scrutinise the same and make the payment to the petitioner within a period of eight weeks thereafter. JUDGE sahare