1 lpa44.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. LETTERS PATENT APPEAL NO. 44 OF 2011 WITH CIVIL APPLCIATION NO.42 OF 2011. IN CIVIL APPLICATION NO. 2765 OF 2010 IN WRIT PETITION NO. 4341 OF 2010 The Headmistress, Matoshree Sarlabai Mhatre Vidyalaya and Anr. ...Appellants. Vs. Sou. Angha Avinash Kulkarni & Ors. ..Respondents. Mr. A.S. Rao for the Appellants. Mr. J.G. Reddy for the Respondent No.1. Ms. S.S. Bhende, AGP for Respondent No.2. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 1ST MARCH 2011. P.C. 1. This appeal is filed against the order passed by the learned Single Judge in Civil Application No. 2765 of 2010 in Writ Petition No. 4341 of 2010. Civil Application was filed by the appellants for recalling the order passed by the learned Single Judge on 9th July, 2010. The grievance of the appellants in the civil application was that the order for back wages should not have been passed against the appellants. The learned Single Judge modified the earlier order passed. The order reads as under: "The order dated 9.7.2010 is modified as under: 2 lpa44.11.sxw (i) Paragraphs 1, 2 and 3 of the order dated 9.7.2010 are maintained. (ii) As regards prayer clause (b) of the Writ Petition No. 4341 of 2010, the following order is passed:- There can be no dispute that the School Tribunal has directed the management to reinstate the applicant in service together with continuity. This order was passed by the School Tribunal on 24.9.2009. The management had filed a Writ petition being Writ Petition No. 8564 of 2009 impugning the order of the Tribunal. That writ petition was disposed of on 201.2010 by a learned Single Judge of this Court who has observed that i.e. was not necessary to set aside the impugned order which directed the petitioner to reinstate the respondent. No stay was granted by this Court to the impugned order. Therefore, from 24.9.2009 till the applicant was reinstated on 22.1.2010 she would be entitled to wages. The management shall pay these wages to the applicant within four weeks from today. The wages shall be calculated on the basis of the rates payable to the teachers in the school, in accordance with law." 2. Considering the order of learned single Judge no interference is called for in the appeal. The appellants are bound to pay salary from 24-9-2009 i.e. the date on which reinstatement order was passed till actually respondent was reinstated in service. The appellants to act as per order. We do not find any substance in the appeal. Appeal is dismissed. The Civil Application is also disposed of. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)