1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4562 OF 2009 (Ku. Anjusha Gangadharrao Dane vs. Matoshri Bahu Uddeshiya Vikas Shikshan Sanstha & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 25, 2010. Heard Shri Tembhare, learned counsel for the petitioner, Mrs. Deshpande, learned counsel for respondent No.1 and Shri Kothari, learned AGP for respondent No.2. The petitioner wanted to execute the judgment of School Tribunal to recover the amount of back wages. The High Court has admitted Writ Petition No. 4393 of 2008 against that judgment and the High Court has not granted any stay. However, the School Tribunal has refused execution and held that because of admission of writ petition, the execution proceedings have become infructuous. Shri Tembhare, learned counsel contends that the finding is erroneous. Mrs. Deshpande, learned counsel points out that as payment of back wages is subject to result of writ petition, there is no question of paying any back wages at this stage. Shri Kothari, learned AGP states that it is the 2 responsibility of the management and as it is a private dispute between the petitioner and management, the Education Officer is not presently involved in the matter. It is apparent that though this Court has admitted Writ Petition No. 4393 of 2008, no stay to payment of back wages is granted. The petitioner, therefore, can execute the judgment and recover the back wages. Merely because the payment of back wages are made subject to writ petition, that does not mean that the execution itself is rendered infructuous. The reasons given by the School Tribunal are unsustainable. The said order passed below Exh. 27 on 05.03.2009 in Misc. Application No. 11 of 2008 is quashed and set aside. The School Tribunal is directed to proceed further with Misc. Application No. 11 of 2008 in accordance with law. Writ Petition is disposed of. Rule accordingly. However, there shall be no order as to costs. JUDGE *GS.