IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4401 OF 2004 WRIT PETITION NO. 4401 OF 2004 WRIT PETITION NO. 4401 OF 2004 Smt.Kashmiri Anil Tamhankar & Ors. ...Petitioners V/s. State of Maharashtra & Ors. ...Respondents Mr.A.N. Joshi for the Petitioners. Mr.S.M Railkar for Respondent No.6. Mr.A.H. Palekar, AGP for Respondent Nos.1 to 4. ALONGWITH WRIT PETITION NO. 575 2004 WRIT PETITION NO. 575 2004 WRIT PETITION NO. 575 2004 Leela Madhukar Abhyankar & Ors. ...Petitioners V/s. State of Maharashtra & Ors. ...Respondents Mr.R.S. Datar for the Petitioners. Mr.S.M Railkar for Respondent No.3. Mr.A.H. Palekar, AGP for Respondent Nos.1 and 2. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : MARCH 27, 2008 DATED : MARCH 27, 2008 DATED : MARCH 27, 2008 P.C. :- P.C. :- P.C. :- 1. Following can be taken as the admitted position :- 2. The petitioners who have filed this petition are working in teaching and non-teaching posts in a school - 2 - run by respondent no.6-society. It is an admitted position that the school of the respondent no.6 in which the petitioners are working is a recognised private school within the meaning of the MEPS Act. Because of these two admitted positions, it is clear that in view of the provisions of the MEPS Act and the Rules, the teaching and non-teaching staff working in the school is entitled to receive the salary and other benefits in accordance with the provisions of the MEPS Act, the Rules and the laws. 3. The grievance of the petitioners that they have not been paid salary and other benefits to which they are entitled in accordance with the provisions of the MEPS Act, the Rules and the laws. 4. After having heard the learned Counsel for both the sides, in our opinion, it is not possible for this Court to enquire into the question whether the petitioners have been paid in accordance with provisions of the MEPS Act, the Rules and the laws and if not, what is the difference. In our opinion, therefore, following - 3 - order would meet the ends of justice :- 1) It is held that the petitioners being employees of a recognised private school are entitled to salary and other benefits in accordance with the provisions of the MEPS Act and the Rules framed thereunder and other relevant laws. 2) The petitioners shall within a period of four weeks from today appear before the Deputy Director of Education - respondent no.3 and submit before him the details of the salary and other benefits received by them as also the salary and other benefits to which according to them they are entitled in terms of the provisions of the MEPS Act, the Rules and other relevant laws. 3) Before submitting these documents before the Deputy Director, the petitioners shall serve a copy of the same on the Head Masters of the - 4 - school in which the petitioners are working. The Deputy Director thereafter shall hold an enquiry to find out whether the petitioners are being paid and are being given other benefits, in accordance with the provisions of the MEPS Act, the Rules and the laws. If not, what is the difference to which the petitioners are entitled. The Deputy Director shall pass a reasoned order and communicate it to both the sides. 4) In case, the Deputy Director finds that the petitioners have been paid short, the Deputy Director shall indicate the amount to which all the petitioners are entitled. 5) The respondent no.6 shall make payment of the amount found due by the Deputy Director to the petitioners within a period of six weeks from the date of service of the order of the Deputy Director on the respondent no.6. - 5 - 6) The Deputy Director shall make the order, as expeditiously as possible and in any case, within a period of eight weeks from the date on which the petitioners appear before him and submit the documents as directed above. 5. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)