-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.4502 of 2008 Vithal Bira Ghutukade ..Petitioner vs. The Education Officer (Secondary), Zilla Parishad Solapur and others ..Respondents Shri S.G.Kudale for petitioner Shri V.A.Sonpal, A.G.P. for respondent nos.1 and 2 Shri A.A.Joshi for respondent nos. 3 and 4 CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 2nd December, 2008 2nd December, 2008 2nd December, 2008 P.C. P.C. P.C. 1. Rule. By consent rule made returnable forthwith. Learned Counsel for the respondents waive service. Affidavit in reply tendered on behalf of respondent no.3 across the bar is taken on record. 2. Grievance of the petitioner who is the Head Master in the school run by respondent no.3 Trust is that respondent no.1, namely, the Education Officer (Secondary), Zilla Parishad, Solapur has failed to discharge his duty in not giving -2- direction to the pay unit to release the salaries of the teaching and non teaching employees which were due and payable from September, 2006 till date. 3. An affidavit in reply is filed by respondent no.1 wherein it is contended that the petitioner has submitted the pay bills of only five teachers and pay bills of other teachers have not been submitted inspite of the direction given by respondent no.1 to submit the pay bills of all the employees. 4. From the pleadings, it appears that there are inter se disputes in the management which has led to this situation. Respondent No.1 in his affidavit has admitted that respondent nos. 3 and 4 are only the trustees of respondent no.3 Trust and they are not the office bearers of the said Trust and they cannot be allowed to act as the President and Joint Secretary of the said Trust as the change reports are not approved by the office of the Assistant Charity Commissioner and that they cannot act and manage the affairs of the Trust as -3- such office bearers. 5. From the above facts it appears that in view of this inter se dispute amongst the trustees, the employees in the employment of respondent no.3 Trust are suffering and have not received their dues since September, 2006. We, therefore, direct the petitioner to prepare and submit the pay bills of all the teaching and non teaching employees, who are approved by respondent no.1 and are working in the school run by respondent no.3 Trust so as to enable respondent no.1 to release their salary. 6. Learned A.G.P. on behalf of respondent no.1 states that on such bills being submitted by the petitioner, respondent no.1 shall release and disburse the salaries of the employees as expeditiously as possible and preferably within a period of 3 months from the date of receipt of such bills. 7. Rule made absolute with no order as to costs. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)