1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. M.C.A. No. 13 of 2011 In Writ Petition No. 513 of 2009 The President/Secy v. Sanjay and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.P. Wachasunder, Adv for applicant Mr J.B. Kasat, Adv for org. petitioner Coram: D. D. Sinha and A. P. Bhangale, JJ Dated : 20th January 2011 1. Review petition is preferred against the order dated 11th February 2009 passed by this Court in Writ Petition No. 531 of 2009. Heard learned counsel for the applicants and learned counsel for original petitioner. 2. Learned counsel for the petitioner has submitted that the petitioner was not validly appointed as a Librarian under relevant provisions of law and, therefore, he was not entitled to receive salary for the said post. 3. Contention of the review petitioner is difficult for us to agree, since by the order under review, direction was given to the management to verify the period during which the petitioner had factually discharged his duties and the salary which was due and payable, should be paid to him. This direction was given after considering settled legal position that it is the responsibility 2 of the management to pay salary of its employee irrespective of his designation for the period during which such employee has factually discharged his duties. So far as the issue about the validity of the appointment of respondent no. 1 as a Librarian is concerned, it was neither raised nor deliberated by this Court in Writ Petition No. 531 of 2009 and the direction was given to the management simplicitor on the settled position of law that if the employee has discharged his duty, it is the duty of the to make payment to such an employee. 4. In the backdrop of the above-referred facts, no case is made out for showing indulgence. In the circumstances, review petition is dismissed. JUDGE JUDGE joshi