1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.770 OF 2009 Mehmood Ahmed Shafique Ahmed ..Petitioner V/s. The State of Maharashtra ..Respondents & ors WITH WRIT PETITION NO.764 OF 2009 Mohammed Sajid Azad ..Petitioner Mohammed Naeem V/s. The State of Maharashtra ..Respondents & ors WITH WRIT PETITION NO.769 OF 2009 Mahboob Ali Mohammed Amin ..Petitioner V/s. The State of Maharashtra ..Respondents & ors Mr.A.N.Maniyar, Advocate, for the petitioner Ms.Smita Gaidhani, Assistant Government Pleader, for the respondent Nos.1 to 4 CORAM : F.I.REBELLO & C.L.PANGARKAR, JJ. DATE : 18TH JANUARY, 2010 2 P.C. . Rule. 2. Heard forthwith. 3. In all these petitions the petitioners contend that they are in the service of Noorul Islam Urdu High School & Junior College of Arts, Science & Commerce as a peon. These are recognized and aided Schools. They have been promoted as a Junior Clerk but they have not been paid salary of those posts. 4. On the other hand, on behalf of the Government a reply has been filed contending that the posts to which the petitioners have been appointed are not sanctioned posts and there is no liability on the part of the Government to grant aid in respect of those posts. The Management has also filed a reply of one Shaikh Azmat Ali Suleman, the 3 President, Jamat-e-Noorul Islam and Shahnaz Kamran Nabi, the I/c.Principal/Headmistress raising various contentions. 5. In our opinion, once the School is recognized and aided, the respondent Nos.5 & 6 are bound to pay salary of the posts. In that context we direct respondent No.3 that after hearing the petitioners the respondent Nos.5 & 6 to examine the issue afresh and pass appropriate Orders in the case of the non- payment of salary to the petitioners. All the parties are bound to comply with the directions issued to the respondent No.3. The entire exercise shall be completed within a period of four weeks. Rule is made absolute accordingly. No Order as to costs. (C.L.PANGARKAR, J.) (F.I.REBELLO, J.)