- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4682/2009 1. Murlidhar Balwant Shirure, age 56 yrs., occu.service, working as Leprosy Technician in P.H.C. Lasur Station Tq.Gangapur Dist.Aurangabad. 2. Pundalik Bhagaji Ghuge, age 43 yrs., occu.service, working as Leprosy Technician in P.H.C. Ladsawangi Tq. & Dist.Aurangabad. 3. Subhash Rangnath Pandit, age 56 yrs., occu.service working as Leprosy Technician in P.H.C. Hatnoor Tq.Kannad Dist.Aurangabad. 4. Shamrao Dagaduji Bansode, age 51 yrs., occu.service working as Leprosy Technician at P.H.C. Bazar Sawangi Tq.Khultabad Dist.Aurangabad. 5. Shri Ramesh Narayan Lobhe, age 58 yrs., occu.service working as Leprosy Technician, P.H.C. Jategaon Tq.Fulambri Dist.Aurangabad. ...Petitioners.. Versus 1. The State of Maharashtra, through Secretary, Rural Development Department, Mantralaya, Mumbai. 2. The Secretary, Public Health Department, Mantralaya, Mumbai. 3. Joint Director Health Services (Leprosy and Tuberculosis), Pune. 4. Zilla Parishad, Aurangabad, through its Chief Executive Officer, Z.P., Aurangabad. ...Respondents... - 2 - ..... Shri V.R. Autade, Advocate h/f Shri V.D. Sapkal, Advocate for petitioners. Shri N.N. Jadhav, AGP for respondent nos.1 to 3. Shri U.B. Bondar, Advocate for respondent no.4. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 24.08.2009 ORAL JUDGMENT (Per Hardas, J.): 1] Heard learned counsel for the parties. 2] Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, petition is heard finally at the stage of admission. 3] By this petition under Article 226 of the Constitution of India, the petitioners pray for directing the respondents to pay the arrears of salary of the petitioners and further direct the respondents to pay the salary and allowances of the petitioners regularly. 4] The petitioners claim to be Leprosy Technicians working under the Zilla Parishad, Aurangabad – respondent no.4. It appears that the petitioner nos.1 & 2 have challenged the Government resolution dated 19.6.2008 by which 540 posts of Leprosy Technicians in Zilla Parishad have been rendered surplus. Writ Petition No.6092/2008 filed by the petitioner nos.1 & 2 and Writ Petition No.6348/2008 filed by the petitioner nos.3 & 4 are said to have been withdrawn by respective petitioners on 6.8.2009. It, however, appears that certain other petitions are pending in this Court and by virtue of the interim order - 3 - passed in those petitions, the petitioners and other similarly situated employees continued to be employees of the Zilla Parishad though by virtue of the Government resolution dated 19.6.2008, their posts have been rendered surplus. According to the petitioners, the petitioner nos.1 & 5 have not been paid salary since December, 2008, the petitioner nos.2 & 4 have not been paid salary from January, 2009 and petitioner no.3 is not paid salary from November, 2008. It appears that the respondent – Zilla Parishad has expressed its inability to pay arrears of salary to the petitioners on the specious plea that the respondent no.1 has not released the grants for the payment of salary. In any event, this Court is not concerned with the inability of the respondent – Zilla Parishad to pay the salary of the petitioners. The fact remains that the petitioners have been working in the aforesaid period and have not been paid their salary. 5] We, therefore, allow this petition and direct the respondents to pay the arrears of salary of the petitioners as is stated in the petition within eight weeks from today. Rule is made absolute on the above terms with no order as to costs. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c248093