: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.72 OF 2009 IN CONTEMPT PETITION NO.340 OF 2008 IN WRIT PETITION NO.8596 OF 2004 Swamini Dilip Hajare ... Petitioner V/s. The Principal Smt.Sushiladevi Deshmukh Vidyalaya & anr. ... Respondents a/w CONTEMPT PETITION NO.340 OF 2008 IN WRIT PETITION NO.8596 OF 2004 Swamini Dilip Hajare ... Petitioner V/s. The Principal Smt.Sushiladevi Deshmukh Vidyalaya & anr. ... Respondents Mr.K.K. Malpathak for Petitioner Mr.A.G. Kothari for Resp. No.1 Mr.A.I.I. Patel, AGP, for Respondent State CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 22, 2010 P.C.: 1. Pursuant to orders passed by this Court dated 23.4.2008 by the Division Bench, respondent No.3 Direction of Education was directed to determine the : 2 : amount due and payable to the petitioner. Respondent Nos.1 and 2 were directed to pay the amount found due and payable by Respondent No.3 to the petitioner within a period of four weeks from the date of determination of the amount. By order of 30.4.2009, respondent No.3 has directed payment of the salary to the petitioner as an untrained teacher. Respondent Nos.1 and 2 have tendered a cheque for the sum of Rs.10,82,315/-. The present civil application has been filed praying that the petitioner be granted leave to encash that cheque. 2. Since the amount has been determined as directed by the Division Bench of this Court, in my opinion, nothing survives in the contempt petition. If the petitioner has any quarrel about the amount paid to her on the ground that she should have been paid the scale of a trained teacher or otherwise, that issue can be agitated by her in separate proceedings. 3. The petitioner may encash the aforesaid cheque without prejudice to her rights to claim the salary on the basis of the scale for trained teachers. 4. Contempt Petition and the Civil application are disposed of accordingly. Notice stands discharged.