1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9223 OF 2009 IN WRIT PETITION NO. 6522 OF 2006 Balaji s/o Kishanrao Mali Applicant Versus The State of Maharashtra & others Respondents Mr.S.S.Jadhavar, advocate for the applicant. Mr.N.H.Borade, A.G.P. for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 20th November, 2009. P.C.: 1 Petitioner, in this petition, is challenging the order passed by the Presiding Officer, School Tribunal, Solapur, directing reinstatement of the Respondent i. e. applicant herein and payment of back wages. 2 On admission of the petition, this Court, by virtue of the order passed on 07.10.2006, granted interim relief in terms of prayer clause (C). Prayer clause (C) of the petition relates to stay to the impugned order i.e. order passed by the School Tribunal. It appears that the order in respect of grant of interim relief came to be vacated. Again there was an application seeking restoration of interim relief and on consideration of the application seeking restoration of interim relief, this Court, by virtue of the order dated 05.05.2009, restored order dated 07.10.2006 to the extent of payment of salary i.e. back wages. The net result of the order passed by this Court on 05.05.2009 directing restoration of interim relief granted earlier on 07.10.2006 is 2 that stay to the operation of impugned order shall have to be restricted to the extent of payment of back wages only. 3 It is stated by learned Counsel for applicant that the employee has already been reinstated, however, because of misinterpretation applied to the order dated 05.05.2009 by the concerned authority, applicant is not being paid regular wages. 4 The order passed on Civil Application No.336/2009 is quite clear and interim relief granted is restricted only to the extent of payment of back wages. Thus, the employee, who is already reinstated, needs to be paid for the duration for which he has actually rendered service. This Court has not restored the interim relief in respect of reinstatement. Thus, the employee, who is already reinstated, needs to be paid wages. 5 The application presented by the applicant, therefore, will have to be allowed and same is accordingly allowed in terms of prayer clause (B). (R.M.BORDE) JUDGE ******* adb/ca922309