IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7521 OF 2007 WRIT PETITION NO. 7521 OF 2007 WRIT PETITION NO. 7521 OF 2007 Smt.Asha Chandrakant Palav ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mr.N.V. Bandiwadekar for the Petitioner. Mr.V.A. Sonpal for the Respondent. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 P.C. :- P.C. :- P.C. :- 1. The petitioner was in the service of the recognised private school. His services were terminated. The order terminating the services of the petitioner was challenged by the petitioner before the School Tribunal. The School Tribunal allowed the appeal by order dated 1.2.1996 and granted reinstatement in service with full backwages to the petitioner. Though the order was challenged in this Court by filing Writ Petition No.2530/96, that petition came to be disposed of on the basis of Minutes of Order submitted by the parties dated 6th August, 1996. The management by that order undertook to reinstate the petitioner in service and the petitioner gave up his claim for backwages against the management. In the Minutes of order, it was, however, stated that the petitioner has applied to - 2 - the Government for release of grant and in case, the Government releases the grant, the petitioner will receive the backwages. The State Government now by order passed by the Education Officer dated 13.11.2006 has declined to release the grant. 2. In our opinion, as the petitioner had given up his claim of backwages against the management, there was no liability of the State Government to make any payment because the State Government is not the employer of the petitioner. Basic liability to pay backwages was that of the employer. The petitioner is not entitled to claim backwages from the State Government because by giving the Grant-in-aid, the State Government clears the liability of the management to pay salary to the teachers and other staff. If the management is not liable to make payment of salary or backwages, State Government cannot be held liable. We, therefore, do not find anything wrong with the order passed by the authority which is impugned in the petition. 3. Petition, therefore, is dismissed. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)