1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3916 OF 2008 (Namdeo s/o Dattu Lahode vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MAY 7, 2009 Heard Shri Patil, learned Counsel for the petitioner, Shri Khubalkar, learned Assistant Government Pleader for the respondent nos. 1 and 2, and Shri Dhore, learned Counsel for the respondent no.4. Shri Patil, learned Counsel for the petitioner, states that petitioner is serving as Assistant Teacher in the School run by the respondent no.4 Management. It is submitted that though the petitioner has discharged his duties as Assistant Teacher for last several years, however, the respondent Management did not pay salary, which is 2 due and payable to the petitioner. It is prayed that appropriate directions to the respondent no.4 Management be given. Learned Counsel Shri Patil further submits that so far as issue raised in the petition, which is reflected in newly added prayer clause (a) is concerned, the same may be kept open with liberty to the petitioner to make a representation to the Education Officer (Secondary) within a period of four weeks from today in respect of the same and the Education Officer (Secondary) may be directed to decide the representation in accordance with law within a stipulated period. In the backdrop of the above referred facts, we dispose of the petition with direction to the respondent no.4 Management to verify whether petitioner has factually discharged the duties as Assistant Teacher in the School run by the respondent no.4 Management since preceding three years and if petitioner has factually discharged duties as Assistant teacher, in that event, pay the arrears of salary to the petitioner for the preceding three years, which was due and payable and if the 3 same is not already paid, since it is the responsibility of the Management to pay salary to its employees. So far as issue raised in the newly added prayer clause (a) of the petition is concerned, the same is kept open. If representation is made by the petitioner in this regard to the Education Officer (Secondary) within a period of four weeks, the Education Officer (Secondary) is directed to decide the same in accordance with law at the earliest. JUDGE JUDGE khj