IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1038 of 2001. WRIT PETITION NO.1038 of 2001. WRIT PETITION NO.1038 of 2001. Yeshwant Keshav Mule ..Petitioner versus The State of Maharashtra & Others ..Respondents Mr.S.S.Pakale for the Petitioner Mr.A.H.Palekar AGP for the Respondent No.1 Mr.G.H.Keluskar for the respondent No.3 CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 10th June, 2008. DATED : 10th June, 2008. DATED : 10th June, 2008. P.C. 1. The petitioner is admittedly working as a peon with the respondent No.2 and has filed this petition for directio to the respondent No.2 to pay monthly salary to him. The case of the respondent is that the petitioner is not a regular employee. He was appointed as a part time employee and he was being paid the salary which according to the management is accepted by him for all these years. In 1998 he was asked whether he is willing to work as Class IV Employee in the New English School, Satara, Appointment letter was also given to him appointing him as Class IV Employee in New English School, Satara. Had the petitioner joined there, he would have received the full pay. But the petitiner expressed his inability to join there and -2- by his letter dated 3.8.1998 he intimated the management that he is not willing to join at Satara and therefore he requested the management to continue him on the existing post on the same terms and conditions. The management, accepting the representation made by the petitioner continued him in the same post i.e. Part time Peon and continued to pay him Rs.1000/- per month. The learned counsel appearing for the respondent informed us that presently the petitioner is being paid Rs.2000/- per month. In our opinion, the letter of the petitioner dated 3.8.1998 completely non suits the petitioner. He was given regular appointment in some other school of the same management, had he joined the said school he would have bee paid full salary as per rules. but for the reasons best known to him, he declined to go there and offered to remain in the same post on the same terms and conditions. Therefore, now he can’t make a grievance that he is entitled to better terms and conditions. We see no merits in the petition. Petition fails, hence dismissed with no order as to costs. (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)