1 RP 133.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW PETITION NO.133 OF 2008 IN WRIT PETITION NO.3562 OF 2008 Manoj S/o Narayan Bhise ... Petitioner Versus The State of Maharashtra & Others. ... Respondents. ------ Shri. S.S. Jadhavar, Advocate for the petitioner. Shri. Umakant K. Patil, Assistant Government Pleader, for respondent No.1. Shri. P.G. Rodge, Advocate holding for Shri. Vivek Dhage, Advocate for respondents Nos.2 and 3. Shri. V.D. Hon, Advocate for respondents Nos.4 and 5. ------- CORAM:NARESH H PATIL & K.U. CHANDIWAL, JJ. DATE: 23rd JUNE 2009 PER COURT : 1) The learned counsel Shri. V.D. Hon appearing for the Zilla Parishad, Latur submits that in response to the order passed by this Court the Education Officer (Primary) is present in Court. A copy of communication made by the 2 RP 133.08 Education Officer (Primary) Zilla Parishad Latur dated 20-6-2009 addressed to the Head Master Sudarshan Primary School Shrinagar, Latur is taken on record and marked as “X” for identification. 2) The learned counsel Shri. S.S. Jadhavar appearing for the review petitioner submits that based on this communication he is satisfied with the decision taken by the Education Officer. The second grievance of Mr. Jadhavar is that the management is not providing extract of Service Book of the review petitioner. The third grievance of the counsel is that past salary from the year 1996 to 2008 is not disbursed to the review petitioner. 3) The learned counsel appearing for the management submits that there are limitations on the Court while entertaining review petition. The grievance regrading non payment of salary cannot be entertained now. As regards maintenance of the service book the counsel submits that the Service Book is prepared and ready with the management 3 RP 133.08 and on application made by the review petitioner, extract / copy of the Service Book would be provided to the petitioner without any further delay. 4) We have perused the last paragraph of the order passed by the Division Bench (Coram: F.I. Rebello & K.U. Chandiwal, JJ.) dated 29-8-2008. The Division Bench had observed that the petitioner contended that salary for the previous period was not paid. 5) The contentions, therefore, that the petitioner did not raise grievance before this Court regarding non payment of salary for the previous period are not sustainable. 6) The learned counsel Shri. V.D. Hon has produced the original file of the Education Officer and has drawn our attention to a communication / order passed by the Education Officer dated 4-1-2008 addressed to the Head Master which reads that from 17-6-1996 to 30-12-2003 the petitioner would be entitled to pay scale of untrained teacher (Rs.3200 – 4900) 4 RP 133.08 and from 31-12-2003 the petitioner would be entitled to the pay scale of Rs.4500 – 7000. 7) The Education Officer, therefore, shall look into the matter and take appropriate suitable steps and action in getting the salary of the petitioner disbursed to him in accordance with law at the earliest. In case the Education Officer finds that the salary of the review petitioner from the year 1996 to 2003 is to be paid solely by the management then, the review petitioner may resort to alternate remedies for redressal of his grievances in respect of recovery of arrears of salary. 8) The Chief Executive Officer, Zilla Parishad Latur is directed that in matters of clearance of bills for payment of salaries of the teachers submitted by the schools to the Education Officer prompt, accurate and transparent system is to be instituted by issuing proper directions. Learned counsel Shri. Hon would forward a copy of this order to the Chief Executive Officer, Zilla Parishad and instruct 5 RP 133.08 the Education Officer to take abundant precaution in future while dealing with such cases. The Chief Executive Officer, the Education Officer or other responsible officers may take proper stringent measures in case directions of this Court are not complied with. The learned Assistant Government Pleader to forward a copy of this order to the Principal Secretary, Rural Development Department, Mantralaya, Mumbai for intimation. 9) With the above directions, the Review Petition is disposed of. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ rp.133.08