Gst 1 cra81.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL REVISION APPLICATION NO. 81 OF 2010. The Chairman, Bhavani Edu. Soc. ... .... ..Applicant. V/s State of Maharashtra & Ors. ... .... ... ..Respondents. Mr.H.G.Wakshe, Adv. For the applicant. CORAM: B.R. GAVAI, J. 6th Jan., 2011 PC: The applicant takes exception to the order passed by the learned Ad-hoc District Judge, Sangli thereby reversing the order passed by the learned Civil Judge, Senior Division, Sangli in Regular Civil Suit No.120/05 thereby returning the plaint. The respondent-teacher had filed a suit against the appellant-management challenging reduction of pay scale. The learned trial Court returned the plaint on the ground that under section 9 of the Maharashtra Employees of Private School (Condition of Service) Regulation Act, 1977 the suit was impliedly barred in as much as the respondent had remedy to file an appeal under section 9. Being aggrieved thereby an appeal was filed which came to be allowed. Hence present petition. 2. Learned counsel for the appellant relies upon a judgment of the Full Bench in the case of St.Ulai High School & Anr. v/s Devendraprasad Jagannath Singh, 2007(1) Mh.L.J. 597 in support of his contention that the Gst 2 cra81.10.sxw learned appellate court has erred in reversing the order of the trial court. 3. No doubt that the Full Bench of this Court in St.Ulai High School’s case has held that in so far as matters which are squarely covered under section 9 for which an appeal is provided the suit would impliedly be barred. However it would reveal from the impugned order that the learned Appellate Court while allowing the appeal has relied upon an order passed by the Division Bench of this Court between the same parties in Writ Petition No.6806/05 dated 24.10.2005 wherein the Division Bench has observed that there is no remedy provided in so far as reduction in pay scale is concerned. From the perusal of section 9 also it would reveal that an appeal would not be provided in so far as reduction in pay scale is concerned. 4. In that view of the matter It cannot be said that the jurisdiction exercised by the learned Appellate Court has been exercised with any illegality or material illegality so as to warrant an interference in the revisional jurisdiciton under section 115 of the Code of Civil Procedure. Hence application stands rejected.