1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4623 OF 2002 Mrs.Meenakshi Parshuram Kalele. ...Petitioner. vs. The State of Maharashtra & ors. ...Respondents. --- Mr.Prabhu i/b. N.V.Bandiwadekar, for Petitioner. Mr.A.H.Patel, for Respondent nos.1 to 3. Mr.A.A.Savge, for Respondents 4 & 5. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 18th June, 2008. P.C.:- 1. It is an admitted position that the petitioner worked as assistant teacher in the school of respondent nos.4 and 5 from July,1995 to 2 March,2001. But according to the management- respondent nos.4 and 5 there were breaks in the service of the petitioner. The period during which, according to the respondent nos.4 and 5, the petitioner was not working are mentioned in paragraph (5) of the affidavit of Mr.S.V.Dhepe dated 9.9.2002. If the petitioner had worked as Assistant Teacher in a recognized primary school, obviously, she is entitled to payment of salary as per the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Act,1977 and the rules framed thereunder and the resolutions issued by the State Government from time to time. It is common ground that for whatever period the petitioner had worked, the management was paying her salary at the rate of Rs.700/- per month. In our opinion, therefore, in these circumstances, the following order would meet the ends of justice:- (i) The petitioner, within a period of two weeks from today, shall submit a statement before the respondent no.3 containing details of the salary to which she is entitled, for having worked during the 3 aforesaid period, specifically mentioning the period during which she had worked. (ii) The petitioner also specifically mention what is the amount received from the management and what is the balance. Before submitting that statement before respondent no.3 Education officer, the petitioner shall serve a copy of the same to respondent nos. 4 and 5. (iii) The Educational officer thereafter shall grant an opportunity of being heard to the petitioner and the respondent nos. 4 and 5, and shall determine the amount to which the petitioner is entitled. Whatever amount that would be determined by the Educational officer as payable by the respondent nos. 4 and 5 to the petitioner, shall be payable by the respondent nos. 4 and 5 in four equal six monthly installments. The determination shall be made by the Educational Officer within a period of eight weeks from the date on which the petitioner files the statement. The first payment shall be made by the respondent nos.4 and 5, subject to their right 4 to challenge the determination made by the Educational Officer by adopting such remedy as may be available to them, within a period of six months from the date of the order of the Educational officer and thereafter, the payment shall be made every six month as directed above in four equal installment. (iv) If the petitioner feels aggrieve by the order of the Educational officer, the petitioner shall be at liberty to adopt the remedy that may be available to her under the law, by accepting the amount held to be payable by the Educational officer without prejudice to her rights to challenge the determination. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---