1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 1257 OF 2009 Amatur-Rehman d/o Abdul Majid Khan, Age 36 years, Occu.Assistant Teacher, R/o Yusuf Colony, Wangi road, Parbhani .. Petitioner Versus 1. The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai 400 032 2. Municipal Council, Parbhani, Through its Chief Officer 3. The Chief Officer, Municipal Council, Parbhani .. Respondents Shri S.B.Talekar, Advocate for petitioner Shri K.G.Patil, Assistant Govt.Pleader for respondent No.1 Shri S.S.Bora, Advocate for respondents 2 and 3 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 20th April, 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ to respondent No.2, Municipal Council, Parbhani to pay the arrears of salary of the petitioner from August 2005 till today. The petitioner further prays for issuance of necessary directions to the respondents for regularly paying the salary of the petitioner in the pay scale admitted by the parties. 3. Undisputedly, the petitioner came to be appointed as an Assistant Teacher in the Primary School run by Municipal Council, Parbhani on 6.6.1997. The petitioner was continued from time to time till the Government decided to regularise the services of all the other nineteen teachers, similarly circumstanced as the petitioner, working in the Primary School in the Municipal Council, Parbhani. Meanwhile, the payment of regular salary of the petitioner came to be stopped by the respondent and since August 2005 the petitioner claims that he has not been paid his salary. 4. Shri Bora, learned Counsel for the respondents 2 and 3 very fairly states that the respondents owe a primary duty for payment of salary and the respondents cannot shy away from that responsibility and duty. It is, however, urged by Shri Bora, learned Counsel for respondents 2 and 3 that on account of acute 3 financial difficulties/constraints, the respondents are unable to pay the arrears of salary in lump sum and would pay the arrears of salary within three months from today in certain installments. The aforesaid statement is made by Shri Bora, learned Counsel for respondents 2 and 3 on the basis of the instructions given to the learned Counsel by the respondents. We accept the aforesaid statement as an undertaking to the Court. 5. We accordingly allow this petition and direct the respondents, by accepting their statements, to pay the arrears of salary in installments within three months from today. We further direct the respondents that till the petitioners are legally entitled to be paid the salary, the petitioners be regularly paid salary without any default. 6. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/1257.09wp)