(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 5771 of 2009 (In Writ Petition No. 4272 of 2006) Ramchandra Madhavrao Mundhe, Age : 39 years, Occupation : Service, .. Applicant R/o. At Hibbat, Post Motorga, (Petitioner Taluka : Mukhed, Dist. Nanded. in W.P. ) versus 1. The State of Maharashtra, Through its Secretary, School & Education Department, Mantralaya Extension Building, Mantralaya, Mumbai-32. 2. The Education Officer (Secondary), Zilla Parishad, Latur, Taluka & District : Latur. 3. Saraswati Shikshan Prasarak Mandal, at Chavan Hipparga, Taluka : Devni, District : Latur, Through its Secretary. 4. The Head Master, Vivekanand Vidyalaya at Chavan Hipparga, Taluka : Devni, .. Respondents/ District : Latur. Non-applicants. ....................... (2) Mr. S.R. Kolhare, Advocate, for the applicant. Mr. P.P. More, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.V. Patil, Advocate, holding for Mr. V.D. Gunale, Advocate, for respondent nos.3 and 4. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 11TH JANUARY 2010 COURT'S ORDER : 1. By the present application, the petitioner / applicant is seeking permission to withdraw an amount of Rs. 1,25,000/- deposited by the respondent, school management, on 10th June 2009. 2. The amount deposited by the management pertains to the period from 2002 to 2005, during which period, the petitioner / applicant has admittedly worked, at least, as a Shikshan Sevak. If that be the position, the petitioner can be permitted to withdraw the amount. 3. In the result, allowing the application, we permit the applicant / petitioner to withdraw Rs. 1,25,000/-, subject to the condition that prior to withdrawal of the amount, he shall file an undertaking in this court, that in the event, the petition is dismissed even for the claim towards salary for the period from 2002 to 2005, as a Shikshan Sevak, (3) the petitioner / applicant would return the said amount to the respondent / management. 4. The application disposed of accordingly. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca5771