1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Writ Petition No.4373 of 2008 Shaikh Shafiuddin Fayyazuddin Petitioner Vs. Deputy Director of Education, Nasik Division, Nasik & ors. Respondents Mr.A.R.Shaikh for petitioner. Mr.Sandeep Shinde for resp.nos.3 and 4. Mr.R.D.Rane for resp.no.2. Ms.M.P.Thakur, AGP for resp.no.1 CORAM: J.N.PATEL & S.J.KATHAWALLA,JJ. November 17, 2008. P.C. 1. Heard learned counsel for the petitioner. 2. The petitioner has filed this petition seeking a writ in the nature of direction to the respondent to pay salary and allowances to the petitioner for the period from July 1992 till December 1993 amounting to Rs.39,722/-. The petition has been filed in the month of March 2008. We find that the petition cannot be entertained by this Court for the reason that it has been filed beyond a reasonable period. Therefore, it stands dismissed for delay and latches. 3. Apart from the fact that the respondents have 2 come up with the case that the amount due and payable is already paid to the petitioner and made available the audited accounts of the respondent - society in support of their contention, we find that the petition is hopelessly barred for the reason that the claim is made for the period from July 1992 to December 1993, whereas the petition is filed in the year 2008. Therefore, we dismiss the petition on the ground of delay and latches. In so far as the other relief is concerned, the petitioner is at liberty to prosecute the same independent of the claim. 4. We make it clear that dismissal of this petition on the ground of delay and latches does not preclude the petitioner to recover his salary by resorting to execution of the order under which he claims that he is entitled to receive salary from the respondents.