1 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 CIVIL APPLICATION NO.906 OF 2005 CIVIL APPLICATION NO.906 OF 2005 CIVIL APPLICATION NO.906 OF 2005 IN IN IN WRIT PETITION NO.3859 OF 2004 WRIT PETITION NO.3859 OF 2004 WRIT PETITION NO.3859 OF 2004 Shri Dayaram Karappa Sawant ...Applicant/ Petitioner Vs. The Deputy Director of Education & Ors....Respondents ----- Mr.S.G.Kudle for Applicant/Petitioner Mr. C.R. Sonawane, A.G.P. for Respondents CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mr. Kudle in support of this Petition. 1. Heard Mr. Kudle in support of this Petition. 1. Heard Mr. Kudle in support of this Petition. Mr. Sonawane, A.G.P. appears for Respondents 1 and Mr. Sonawane, A.G.P. appears for Respondents 1 and Mr. Sonawane, A.G.P. appears for Respondents 1 and 2. Other Respondents are served. 2. Other Respondents are served. 2. Other Respondents are served. 2. The Civil Application prays that the Applicant 2. The Civil Application prays that the Applicant 2. The Civil Application prays that the Applicant be paid his current salary. The Applicant claims to be paid his current salary. The Applicant claims to be paid his current salary. The Applicant claims to be working in the Respondent No.3 College. A reply be working in the Respondent No.3 College. A reply be working in the Respondent No.3 College. A reply has been filed to this Civil Application but that has been filed to this Civil Application but that has been filed to this Civil Application but that apart if we see the reply which was filed by one apart if we see the reply which was filed by one apart if we see the reply which was filed by one Mr.Mali, Education Officer (Secondary) affirmed on Mr.Mali, Education Officer (Secondary) affirmed on Mr.Mali, Education Officer (Secondary) affirmed on 17th January 2005 to the main Writ Petition (which was 17th January 2005 to the main Writ Petition (which was 17th January 2005 to the main Writ Petition (which was filed in view of the order dated 6th December 2004 filed in view of the order dated 6th December 2004 filed in view of the order dated 6th December 2004 passed by the High Court, Bombay), it is seen that the passed by the High Court, Bombay), it is seen that the passed by the High Court, Bombay), it is seen that the Petitioner is senior over the three persons who are Petitioner is senior over the three persons who are Petitioner is senior over the three persons who are added Respondents i.e. Mr. Ahire, Mr.Wagh and added Respondents i.e. Mr. Ahire, Mr.Wagh and added Respondents i.e. Mr. Ahire, Mr.Wagh and Mr.Khairnar. Petitioner has been given an approval Mr.Khairnar. Petitioner has been given an approval Mr.Khairnar. Petitioner has been given an approval 2 way back on 2nd May, 2001 but he has been working from way back on 2nd May, 2001 but he has been working from way back on 2nd May, 2001 but he has been working from 1995 initially on clock-hour basis and from 1996-97 1995 initially on clock-hour basis and from 1996-97 1995 initially on clock-hour basis and from 1996-97 onwards on a full time basis. It is his case that he onwards on a full time basis. It is his case that he onwards on a full time basis. It is his case that he is working in the College prior to the Shikshan Sevak is working in the College prior to the Shikshan Sevak is working in the College prior to the Shikshan Sevak Scheme coming in force. Scheme coming in force. Scheme coming in force. 3. The stand of the Government Officers is that 3. The stand of the Government Officers is that 3. The stand of the Government Officers is that he has been approved subsequent to the Shikshan Sevak he has been approved subsequent to the Shikshan Sevak he has been approved subsequent to the Shikshan Sevak Scheme. However Mr.Kudle points out that the Scheme. However Mr.Kudle points out that the Scheme. However Mr.Kudle points out that the Petitioner is not being paid salary even as Shikshan Petitioner is not being paid salary even as Shikshan Petitioner is not being paid salary even as Shikshan Sevak, though according to him he is entitled to the Sevak, though according to him he is entitled to the Sevak, though according to him he is entitled to the regular salary since he is senior over the above regular salary since he is senior over the above regular salary since he is senior over the above referred three persons who have been paid regular referred three persons who have been paid regular referred three persons who have been paid regular salary. salary. salary. 4. Having seen the record we cannot but accept 4. Having seen the record we cannot but accept 4. Having seen the record we cannot but accept the averments made by Mr. Kudle. That being so we the averments made by Mr. Kudle. That being so we the averments made by Mr. Kudle. That being so we direct the Respondents to start paying salary to the direct the Respondents to start paying salary to the direct the Respondents to start paying salary to the Petitioner as prayed in his application from the date Petitioner as prayed in his application from the date Petitioner as prayed in his application from the date of the application which is filed on 10th March, 2005. of the application which is filed on 10th March, 2005. of the application which is filed on 10th March, 2005. We expect the Respondents to clear the arrears until We expect the Respondents to clear the arrears until We expect the Respondents to clear the arrears until the end of the month of July, 2005 to be paid at the the end of the month of July, 2005 to be paid at the the end of the month of July, 2005 to be paid at the end of September, 2005. As far as salary of the month end of September, 2005. As far as salary of the month end of September, 2005. As far as salary of the month of August, 2005 is concerned it shall be paid in the of August, 2005 is concerned it shall be paid in the of August, 2005 is concerned it shall be paid in the month of September, 2005. There after monthly salary month of September, 2005. There after monthly salary month of September, 2005. There after monthly salary to be paid regularly. Civil Application allowed. to be paid regularly. Civil Application allowed. to be paid regularly. Civil Application allowed. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) 3 (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)