1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR MCA (Review) No.1116 of 2007 in W.P.No. 3769/2003 (D) (Lok Seva Bahu Uddeshiya Shaikshanik Shikshan Sanstha .vs. Duryodhan Patiram Patil & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and B.P.Dharmadhikari, JJ. DATE : January 18, 2008. Heard Mr. K.V.Deshmukh, Adv. for the review petitioner, Mr.Thakre, Assistant Government Pleader for the respondent nos. 2 and 3. Respondent No.4 in person. Respondent No.1 though served with the notice that the matter would be taken up for final hearing at the stage of admission, is absent nor his lawyer is present. Mr.K.V.Deshmukh, Adv. for the review petitioner has submitted that this Court vide order dt. 11.8.2005 disposed of the Writ Petition No. 3769 of 2003. It is contended that except the following part of the order the present review petitioner does not have any grievance about the remaining part of the order dt. 11.8.2005. The relevant part of the order reads thus : 2 “However, the respondent no.1 is directed to pay all the arrears of salary which is payable to the petitioner for the post of Peon within a period of three weeks. “ The counsel for the review petitioner has submitted that the relevant period for which the direction to pay salary was given is from 1.1.2002 to 11.8.2005. It is contended that the petitioner in the said petition (respondent no.1 herein) suppressed the material facts from this Court that the Education Officer opened the Savings Account bearing No.7311 in the name of present respondent no.1 (Original Petitioner in Writ Petition No. 3763 of 2003) in The Bhandara District Central Co-operative Bank, Branch Warthi. The Education Officer also deposited the salary due and payable to the respondent no.1 in the said salary account from the month of January 2002 to July 2005 amounting of Rs.1,78,423/-. The learned review petitioner contended that the said amount was also withdrawn by the respondent no.1 before 11.8.2005 i.e. the date of order passed by the Division Bench in Writ Petition No. 3769 of 2003. It is, therefore, contended that since the amount is already paid to the respondent no.1, the above referred directions for payment of salary for the period mentioned hereinabove to the respondent no.1 may be revoked. The Assistant Government Pleader for want of necessary instructions is unable to either dispute or confirm the contentions canvassed by Mr.Deshmukh, learned counsel for the review 3 petitioner as well as the averments made in this regard in the review application. Be that as it may, in the backdrop of the above referred facts, it appears that the respondent no.1 in the Writ Petition No. 3769 of 2003 was directed to pay the arrears of salary which were due and payable to the present respondent no.1 for the post held by him (Peon.). There is no reason to disbelieve the statement made on oath in the review application filed by the review petitioner that the Education Officer opened the Savings account and deposited Rs. 1,78,423/- towards the salary which was due and payable to the present respondent no.1 for the period commencing from the month of January, 2002 to July, 2005 and therefore, there is no occasion for us to once again issue direction to pay the said amount to present respondent no.1 since it is already paid to him. Present respondent no.1 though served with the notice dt. 7th December, 2007 whereby the respondent no.1 was informed that the present review application will be heard and disposed of finally at the stage of admission on merits, even then neither the respondent no.1 nor his lawyer is present today. Hence, we are left with no alternative, but to consider the issue on merits. In the circumstances, we dispose of the review application with the direction to the Education Officer (Secondary), Bhandara to verify whether the Education Officer had opened savings account no. 7311 in the name of present respondent no.1 in The Bhandara 4 District Central Co-operative Bank Branch, Warthi; whether the amount of Rs.1,78,423/- was deposited towards the arrears of salary for the period commencing from the month of January, 2002 to July, 2005 and whether the said amount was withdrawn by the respondent no.1. The Education Officer, if after verification is satisfied that these facts are true and correct, in that event, the direction issued by this Court referred to hereinabove shall lose its efficacy and it will not be necessary for the Original respondent no.1 to implement the same and the impugned order in such a situation shall stand modified to that effect. We direct the Education Officer to submit the report in this regard to this Court within a period of six weeks. C.C. expedited. JUDGE JUDGE ssj