1 C.A. No. 1969.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1969 OF 2011 (Laxman S/o Latan Patil V. M.C. Jalgaon & Ors ) in WRIT PETTITION NO. 7158 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 24th June, 2011 PER COURT : 1. This is an application for vacating interim relief granted on 18-08-2009. 2. Shri P.S. Patil, learned counsel for the applicant submits that the applicant is entitled for the amount of over time wages to be paid from 2003 to 2007 as he has actually worked. As per the order of the Court below the applicant is entitled to said amount. Even the Collector, Jalgaon while taking the services of the applicant has 2 C.A. No. 1969.11 taken it with condition that the Municipal Corporation shall pay the salary and all other allowances of the present applicant. The learned counsel contends that the same is a money decree and cannot be stayed. The learned counsel further contends that even otherwise the stay cannot be granted to the impugned order. The same has been passed after consideration of all the material. 3. Shri P.R. Patil, learned counsel for the non-applicant submits that in fact, the Court below has granted relief which was not claimed by the applicant. The applicant is not entitled for the over time of the period from 2003 to 2007 as he was not with them during that period. 4. Be that as it may, this contentious issue would be decided at the time of final disposal of the Writ Petition. Today, the applicant is in employment and getting all the benefits arising out of the 3 C.A. No. 1969.11 employment. 5. I do not see any propriety for vacating the interim relief granted on 18-08-2009. The Civil Application is as such disposed of with liberty to the applicant to move for early hearing. ( S.V. GANGAPURWALA, J. ) SDM*