1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.828 OF 2008 IN WRIT PETITION NO.12 OF 2002 Nilima Valmik Khairnar and others ..Applicants. Vs. Education Officer (Primary ) and Others ..Respondents. .... Mr. M.S. Lagu for the Applicants. Mr. Hitesh Buch with Mr. Shailesh More for Respondent No.2. Mr. S.D. Rayrikar, AGP for Respondent No.3. .... CORAM: DR. D.Y. CHANDRACHUD, J. 10th April, 2008. P.C. : By the order of this Court dated 13th December, 2001, while the Petition was admitted interim relief was refused insofar as reinstatement is concerned. Reinstatement, however, was subject to the final result of the Petition. An order for the deposit of back wages was passed with consequential directions for the investment of the amount. The Court has been informed that the order for the deposit of back wages was modified in certain respects by the Division Bench in Letters Patent Appeal. But that 2 does not form the subject matter of the present Civil Application. On 28th September, 2007 on a Civil Application taken out by the Respondent teachers directing that a proper pay fixation be carried out and that the arrears of salary be deposited, an order was passed by this Court directing that the teachers must be paid their wages, as payable to a permanent employee on their reinstatement from 1st January, 2002. A direction was given to the management to fix the salary of the teachers in accordance with law and to pay them the arrears within eight weeks. Payment and pay fixation was directed to be made subject to the result of the Petition. While carrying out the pay fixation the management, it is common ground, has done so as on 1st January, 2002 viz. the date of the order of reinstatement without considering continuity of service. Prima facie, this would not amount to a valid compliance either with the direction issued at the ad interim stage on 13th December, 2001 or by the subsequent order dated 28th September, 2007. The direction to fix the salary of the Applicants in accordance with law must be read in the context of the fact that on 13th December, 2001 this Court had refused to grant a stay of 3 reinstatement. The Tribunal had directed reinstatement with continuity of service. Accordingly pay fixation in pursuance of the order dated 28th September, 2007 shall have to be carried out having regard to the fact that the School Tribunal has granted to the Applicants continuity of service. The Respondent management is directed to refix the salary of the Applicants in accordance with law having regard to the aforesaid observations. This exercise shall be completed within a period of eight weeks from today and if any arrears are found to be due and payable in addition, as directed in the order dated 28th September, 2007 those shall be paid over within a period of eight weeks thereafter. The differences in arrears for the period prior to the order of reinstatement shall be deposited in this Court in terms of the order dated 8th July, 2003 passed by the Division Bench in LPA in the same proportion as indicated in the order. The current salary after the date of reinstatement shall be paid in accordance with the pay fixation which is carried out in terms of the present directions. This exercise, it is needless to 4 add, shall abide by the final outcome of the Petition. *****