IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6068 OF 2009. WITH CIVIL APPLICATION NO.11921 OF 2009. AND CIVIL APPLICATION NO.12440 OF 2009. Sayyed Athar Sayyed Ahmed Moinoddin. ... PETITIONER. VERSUS Zilla Parishad, Beed and others. ... RESPONDENTS. ... Shri S.R. Barlinge, Advocate for Petitioner. Shri P.P. Dama, Advocate for R.Nos.1 & 2. Shri C.V. Thombre, Advocate for R.No.3. SHRI V.D. Salunke, Advocate holding for Shri S.K. Chavan, Advocate for intervenor. ... CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 12th JANUARY, 2010. PER COURT: 1. The petitioner asserts that he is working as Shikshan Sevak on honourarium basis since 15.6.2007 but, has not been paid his dues (honourarium). The fact that the petitioner is working in that capacity has not been disputed either by the Management or the Zilla Parishad. If it is so, the petitioner is entitled to draw honourarium amount. The difficulty however, arises on account of the fact that the petitioner has been appointed after alleged resignation or otherwise termination of Mr. Sayyad Hamidoddin Sayyad Pasha on 14th June, 2007. The said Mr. Sayyad Hamidoddin Sayyad Pasha has challenged that action by filing appeal alleging that it is a case of otherwise termination and not resignation as such. That matter will have to be addressed in the said appeal. 2. As aforesaid, the question is whether the Zilla Parishad should take the burden of paying honourarium to the petitioner in this disputed situation. Obviously, considering the above, this Court by order dated 16th November, 2009 called upon the management to deposit an amount of Rs.85,000/- which can be made over to the petitioner towards his honourarium for the period during which he was in the employment of the management from 15th June, 2007, which was the total amount payable till the date of the said order. The management has accordingly deposited the amount of Rs. 85,000/- in this Court. The management has no objection if the said amount is made over to the petitioner but, according to the management, the Zilla Parishad is liable to reimburse the said amount to the management. On the other hand, according to the Zilla Parishad, the appointment of the petitioner was improper and not against clear and vacant post as Mr. Sayyad Hamidoddin Sayyad Pasha, who was working as Assistant Teacher was given permanent approval whereas, the petitioner has been appointed as Shikshan Sevak after fraudulently removing the said Mr. Sayyad Hamidoddin Sayyad Pasha. 3. The entire controversy can be resolved for the time being by providing for the following arrangement: i) The petitioner would be entitled to withdraw the amount of Rs.85,000/- deposited in this Court; ii) The management will continue to pay honourarium on monthly basis to the petitioner; iii) The Zilla Parishad, Beed will be liable to reimburse the amount so paid by the management to the petitioner including the sum of Rs.85,000/- in the event the appeal or any further proceedings resorted to by Mr. Sayyad Hamidoddin Sayyad Pasha are decided against him; iv) In the event Mr. Sayyad Hamidoddin Sayyad Pasha succeeds in the proceedings taken out by him with order of back-wages, the amount be paid to Mr. Sayyad Hamidoddin Sayyad Pasha by the management in that behalf, which shall be reimbursed by the Zilla Parishad. This arrangement would meet the ends of justice. The petition is disposed of on the above terms. Rule made absolute in the above terms. Civil Applications stand disposed of. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] PLK/*