IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 18 OF 2010 IN WRIT PETITION NO. 7514 OF 2009 WITH CIVIL APPLICATION NO. 20 OF 2010 Rangdas Swami Shikshan Vikas Mandal & Ors. ..... Appellants. vs. Mutyal Vilas Rambhau and Ors. ..... Respondents. Mr. Mhaispurkar i/by Ashwin Kapdnis for the Appellants. Ms. A.A. Agarwal for respondent no. 1. Mr. R.M. Patane, AGP., for respondent nos. 2 & 3. CORAM : J.N. PATEL, ACTING, C.J. & B.R. GAVAI, J. DATE : 5TH FEBRUARY, 2010. P.C. The learned Single Judge while disposing of the petition vide order dated 22.1.2010 has found that in view of the subsequent event i.e., termination of the writ petitioner after holding due enquiry and the same being challenged by the employee by filing an appeal before the School Tribunal, the petition was not liable to be entertained. 2. It is the contention of the petitioner that however since the management had not employed anyone else in the post which was occupied by the writ petitioner, the liability to pay the salary is by the Education Department and not by the management. The question regarding payment of salary is not the subject matter of the present appeal. The learned Single Judge has kept all the contentions regarding the original nature of appointment open to be raised and adjudicated before the learned School Tribunal. In that view of the matter, we are not inclined to entertain the present appeal. In so far as the contention regarding his liability of payment of salary is concerned, nothing prevents the appellant to take recourse to such proceedings as are available in law. 3. In view of the dismissal of the appeal, the civil application does not survive. The same also stands dismissed. (J.N. PATEL, ACTING, C.J.) (B.R. GAVAI, J.)