1 caw759-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.759 OF 2011 IN WRIT PETITION NO.8983 OF 2007 Mrs.Sheetal Ashok Panwalkar @ Pushpa Kamble .. Applicant Vs. South Indian Children’s Education Society & Ors. .. Respondents Mr.Ashutosh Gole for the applicant Mr.Sagar Mane h/f Mr.M.V.Badiwadekar for respondent no.3 Mr.S.D.Rairikar, A.G.P. for respondent nos.4 to 6 CORAM: K.K. TATED, J. DATE: 22nd JULY, 2011 PC: 1. Heard the learned counsel for the parties. 2. This application is preferred by original petitioner for directing respondents to pay arrears of salary of Rs.6,31,711/- to the applicant with interest @ 9% p.a. from the date of accrual till realisation and also to continue regularly to pay the salary to the applicant in accordance with law. 3. Though respondent nos.1 and 2 are duly served by the 2 caw759-11.doc applicant, no one appeared on their behalf when the matter was called out. The applicant filed affidavit of service dt.8.7.11 stating that respondent nos.1 and 2 are duly served. 4. It is the case of the applicant that pursuant to the order passed by respondent no.1 on 1.10.2008, applicant started working as Junior Clerk in their institution. Though she is working for the last 2 ½ years, respondent nos.1 and 2 failed to pay her salary. The learned counsel for the applicant states that respondent nos.1 and 2 are liable to pay a sum of Rs.6,31,711/- towards her salary from 1.10.2008 till 1.02.2011. Though the applicant called upon respondent nos.1 and 2 on several occasions to pay her salary, they failed to do so. Therefore, he submits that the order be issued against respondent nos.1 and 2 for paying the applicant's arrears of salary amounting to Rs.6,31,711/- for the period from 1.10.2008 till 1.2.2011 and continue to pay her salary for the subsequent period. 5. The learned A.G.P. for respondent nos.4 to 6 filed their affidavit in reply dt.20.7.2011. In the said reply, they stated that the respondent management has sent a proposal of the applicant for approval to the Education Officer (Primary), Zilla Parishad, Thane on 17.10.2008 which is yet to be decided. He submits 3 caw759-11.doc that unless and until the said department is made party, it is not possible for him to make any submissions on behalf of that department. 6. Admittedly, in the present case, the applicant was reverted to the post of Junior Clerk pursuant to the order passed in Writ Petition No.4511 of 1999 filed by respondent no.3. Respondent no.1 and 2 reverted the petitioner from Senior Clerk to Junior Clerk in primary section. Though the applicant is working as a Junior Clerk in primary section since 1.10.2008, she has not received any salary till today. It is not disputed by any respondent that the applicant is working on the said post since 1.10.2008 and therefore, applicant is entitled for her salary from 1.10.2008. Subject to the correction of calculation given by the applicant for her back wages from 1.10.2008 till 1.2.2011, Civil Application is allowed. Respondent nos.1 and 2 to pay the salary of Rs.6,31,711/- to the applicant within six weeks from the receipt of copy of this order without any interest. 7. Civil Application is disposed of accordingly. (K.K.TATED,J.)