1 FARAD CONTINUATION SHEET NO. ____________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8949 OF 2009 IN FIRST APPEAL NO. 510 OF 2008 ------------------------------------------------------------------------------------------------------------ Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order ----------------------------------------------------------------------------------------------------------------------------------- CORAM: R.M.BORDE, J. DATE : 9th October, 2009 1 This is an application seeking withdrawal of amount of Rs.1,00,000/- deposited by the respondents / original defendants in the court of Civil Judge, Sr.Dn., Amalner. 2 Plaintiff / applicant instituted suit claiming recovery of arrears of salary being Special Civil Suit no. 13/2005. Trial court granted decree in favour of the plaintiff holding him entitled to receive arrears of salary to the tune of Rs.2,15,000/- alongwith interest at the rate of 6% per annum. In pursuance to the interim order passed by this court the management was permitted to deposit only Rs.1,00,000/- and execution of decree is stayed on condition of deposit of such amount. 3 It is contended by learned counsel for the management that 2 the applicant has preferred an appeal to the school tribunal raising grievance in respect of order of termination issued by the management and he would be entitled to claim arrears of salary from the appellate court. Section 9 of the MEPS Act entitles the employee to present appeal in respect of termination of his services. So far as claim in respect of arrears of salary is concerned, plaintiff / applicant herein was perfectly justified in approaching the civil court. It is not controverted that the applicant has rendered services as a teacher with the respondent / management. Considering this aspect of the matter, I am of the view that the applicant is entitled to withdraw the amount deposited by the respondent / management with the executing court. Application is thus allowed in terms of prayer clause ‘A’. (R.M.BORDE) JUDGE dyb/ca8949.09.odt