1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 1130 of 2008 Dattarao v. The State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anand Parchure, Advocate and Mr A.P. Tathod, Advocate with him for petitioner Ms Ketki Joshi, AGP for respdts 1 to 3 Mr P.B. Patil, Adv for respdts 4 to 6. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 30th January 2009 1. Heard Mr Anand Parchure, learned counsel for petitioner; Ms Ketki Joshi, learned AGP for respondents no. 1 to 3 and Mr P.B. Patil, learned counsel for respondents no. 4 to 6. 2. It is brought to the notice of this Court that during the pendency of this writ petition, services of the petitioner as Assistant Teacher came to be terminated and, therefore, so far as this aspect is concerned, remedy for the petitioner lies else where. Learned counsel for the petitioner, though disputed this aspect, 2 however, submitted that in the present writ petition petitioner is seeking direction to the respondent-management to pay salary as Assistant Teacher for the period the petitioner has factually performed his duties. Petitioner is also relying on the order dated 11th October 2005. 3. Be that as it may, it is well-settled that it is the responsibility of the management to pay salary of its employee if such an employee has factually discharged his duty. We dispose of the writ petition with direction to the respondent-management to pay salary of the petitioner for the period for which the petitioner has factually discharged his duties within six months from today. It is made clear that so far as eligibility of grant of approval to the petitioner is concerned, we have neither adjudicated upon this issue nor has expressed any opinion on the same. Judge. Judge. hsj