1 wp6212.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6212 OF 2008 Laxman s/o Tuljiram More, age 30 years, occup. service, r/of Sarola, Taluka Washi, District Osmanabad. Petitioner versus 01. The State of Maharashtra through the Secretary, Education Department, Mantralaya, Mumbai. 02. The Marathwada Gramin Shikshan Prasarak Mandal, through its Secretary, r/of Pimpalgaon Kotla, Taluka Washi, Dist. Osmanabad. 03. The Education Officer (Secondary), Zilla Parishad, Osmanabad. 04. The Head Master, Vasant Vidyalaya, Pimpalgaon, Kolta, Tq. Washi, Dist. Osmanabad. Respondents ------ Shri N.L. Jadhav, Advocate, for the petitioner. Shri N.B. Patil, Advocate, for Resp.Nos. 1 and 3. Shri V.D. Kadam Advocate for Respondent No. 4. Coram: Smt. Nishita Mhatre and M. T. Joshi, JJ. Date : 5th July, 2011. ORAL ORDER 01. The Petitioner has approached this court, contending that his salary from 7.7.2001 to 11.6.2006 has not been paid. He has, therefore, claimed the same together with interest. 2 wp6212.08 02. In our opinion, there is no need to entertain the present petition, since under Section 4(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, the Director/Deputy Director of Education can always consider this issue and pass appropriate orders, directing the management to ensure the payment of unpaid dues. Any failure to comply with such directions, leads to consequences mentioned in sub-section (4) of Section 4 of the said Act. We, therefore, see no reason to entertain the present petition. 03. The learned Advocate for the petitioner has pointed out the judgment of the Division Bench of this Court in the case of Perwez Kalal vs. State of Maharashtra, 2008 (4) Bom. C.R. 333, in order to substantiate his contention that the present petition is maintainable. However, on a closer reading of the aforesaid judgment, it indicates that in case of a dispute between the management of the school and the concerned employee, it is for the Deputy Director of Education of the concerned region, to decide the dispute after hearing the parties. 3 wp6212.08 04. The Petition is, therefore, dismissed. The petitioner may avail of the remedy available to him under Section 4 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act. In case the petitioner does approach the Deputy Director (Education) within four weeks from today, he shall decide the claim of the petitioner within 12 weeks thereafter. The Deputy Director (Education) will obviously hear both, the petitioner and the Management before passing any order. (M. T. JOSHI, J.) ( SMT. NISHITA MHATRE, J. ) pnd/wp6212.08