1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4111 OF 2008 (Sharad s/o Shankarrao Ranotkar 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 : JANUARY 27, 2009 Heard Shri Mohgaonkar, learned Counsel for the petitioner, Shri Thakre, learned Assistant Government Pleader for the respondent nos. 1 and 2. The respondent nos. 3 and 4 are served. In the present petition, the grievance of the petitioner is related to non-payment of salary for the period from May 2002 to November 2007. The following facts, which are reflected in the affidavit filed by the Education Officer, are not in dispute : One Ms. Subhangi Ghate, Assistant Teacher was removed from service in March 1997. She filed Appeal No. 106/1997 before the School Tribunal at Amravati. Due to her removal, vacancy occurred and petitioner was appointed in the said vacancy as an 2 Assistant Teacher. The appeal of Ms. Subhangi Ghate was allowed by the School Tribunal vide judgment dated 16.1.2007. The order of termination/removal of Ms. Subhangi Ghate was set aside with the direction to the respondent Management to reinstate her with back wages. It is also not in dispute that Management filed Writ Petition No. 1513/2007 challenging the order dated 16.1.2007 passed by the School Tribunal and Shri Saboo, learned Counsel for Ms. Subhangi Ghate, made a statement before the learned Single Judge of this Court that she was ready and willing to forego entire back wages. The learned Single Judge of this Court in paras (6) and (7) of the order dated 1.11.2007 passed in the said writ petition has made a reference in this regard, which reads thus : “(6) Mr. Saboo, learned Counsel for respndent no.2, upon taking instructions from his client, who is present in the Court makes statement that respondent no.2 is ready to forego the entire back wages. (7) In view of above statement, learned Counsel for the parties agree that the impugned order passed by the School Tribunal, Amravati is required to be modified suitably.” 3 In view of the above referred facts, it is evident that Ms. Subhangi Ghate had given up her claim for back wages and, therefore, the learned Single Judge of this Court vide order dated 1.11.2007 passed in Writ Petition No.1513/2007 modified the order dated 16.1.2007 passed by the School Tribunal accordingly. It is also not in dispute that petitioner worked as Assistant Teacher during the above referred period. It is well settled that it is the responsibility of the Management to pay salary to its employees. Hence, we dispose of the petition with direction to the respondent nos. 3 and 4 to pay salary to the petitioner for the period from May 2002 to November 2007, if the petitioner has factually discharged the duties of the Assistant Teacher, at the earliest. JUDGE JUDGE khj