1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4816 OF 2007 Babu Ganpatrao Yeote, Age : 38 Years, Occu. : Service, R/o Sawargaon (Pirgaon), Tq. Mukhed, Dist. Nanded. .. .. Petitioner Versus 1. Urdu Arbi Inglo Darul Ulum Garban Nawaj Shikshan Sanstha, Mukhed, Dist. Nanded, Through Its President/Secretary. 2. Barister Abdul Raheman Antule, Urdu and Marathi Primary School Village Sawargaon (P), Tq. Mukhed, Dist. Nanded. Through its Head Mistresses. 3. The Education Officer (Primary), Zilla Parishad, Nanded. .. .. Respondents Shri R. T. Nagargoje, Advocate for the Petitioner. Shri K. M. Kagarkar, Advocate for the Respondent No. 1 and 2 - absent. Shri V. S. Panpatte, Advocate for the Respondent No. 3. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 07TH OCTOBER, 2009. 2 ORAL ORDER [Per B. R. Gavai, J. ] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner seeks direction to the respondent No. 3 to pay salary to the petitioner as per the order of learned School Tribunal by deducting the amount from non salary grant payable to the respondent No. 1 and 2. 3. It is not in dispute that, the appeal preferred by the present petitioner challenging otherwise termination came to be allowed by the learned Tribunal vide order dated 20th July, 2005. Vide the said order the respondent No. 1 and 2 were directed to pay the back wages within a period of 45 days from the date of the order. Since the said amount was not paid, the petitioner had made representation to the respondent No. 3 for making the payment by deducting it from non salary grant payable to the respondent No. 1 and 2. 4. In accordance with the judgment of this Court in the case of Vilas Shankarrao vs. S. A. Ghode reported in 2001(1) Mh.L.J. 261, the petitioner is entitled to approach the respondent No. 3, in case the back wages are not paid by the management within the time prescribed by the learned Tribunal and upon such application is being made, the respondent No. 3 is required to make the payment of the salary by deducting the amount available in the non salary grant of the management. 3 5. In that view of the matter, the petition is allowed with following directions. The respondent No. 3 is directed to make payment of back wages to the petitioner in pursuance to the orders passed by the Tribunal by deducting the non salary grant available with the Government payable to the respondents No. 1 and 2. It is further directed that still the claim of the petitioner regarding back wages is satisfied the respondent No. 3 shall not pay any non salary grant to the respondent No. 1 and 2 and make the payment of petitioner till his full claim is satisfied. Rule is made absolute in above said directions with no order as to costs. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09