1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1092/2010 IN WRIT PETITION NO.7985/2009 Shantinath N.Nandrekar Applicant/Petitioner versus State of Maharashtra & Ors. Respondents Mr.S.S.Pakale i/b Kirankumar Phakade for Petitioner/ applicant Mr.Sachin Raje for Res.no.5& 6 Mr.Amit Borkar for Res.2 to 4 Mrs.J.S.Pawar AGP for State CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 28, 2010. P.C. : . Heard counsel for the petitioner , management and the State . Civil Application No.1092/2010 is moved by the applicant seeking direction to respondents 2 to 4 to release the unpaid salary of the applicant from May, 2008 onwards. Counsel for the 2 applicant has submitted that the applicant was declared surplus vide order dated 3/11/2009, however, the respondents have not taken any steps to absorb the applicant as per the procedure stipulated under rule 26 of the M.E.P.S. Act, 1979 till this date. It is contended that since the applicant was permanent teacher he is entitled to receive the salary from the management till he is absorbed as per the procedure stipulated in this regard. Counsel for the applicant has submitted that though the direction is sought against the State Government , the primary responsibility to pay the salary is of the management. 2. Counsel for the respondent/management does not dispute the factual aspect of the matter that the applicant was appointed in a clear vacancy on permanent post and was declared surplus. 3 3. In view of the above referred undisputed facts we direct the respondent-management to pay the salary of the applicant from the month of May, 2008 till this date and continue to do so in future till the time the applicant is absorbed in some other school as per the procedure stipulated in this regard. It is open for the management to submit the salary bill of the applicant to the Government for reimbursement of the salary which will be paid to the applicant by the management. We expect the Education Department to consider the request of the management , for reimbursement of salary , if made, in accordance with law and procedure applicable in this regard at the earliest .It is made clear that the issue pertaining to the status of the petitioner has not been adjudicated upon by this Court at this stage. 4 4. With these directions the Civil Application is disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)