1 WP No.3694/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3694 of 2010 Shri Sutar Anil Tulshiram ... Petitioner versus Shri Chhatrapati Shikshan Sanstha through its Secretary ... Respondent ... Mr. S.V. Pitre for the petitioner. Mr.V.V. Salunkhe for respondent no.1. Mr.V.S.Gokhale for respondent nos.2 to 4. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 18th October 2010 P.C. 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. Admittedly, petitioner is working as a peon in the school of the respondent which is the recognized private school. Admittedly, petitioner has been paid salary as per the rules till the year March 1999. Since March 1999, petitioner has not been paid salary as 2 WP No.3694/10 per provisions of the Act and the Rules. There is a statutory obligation cast by the MEPS Act and Rules frames thereunder on the management to pay salary in the scales prescribed by the Rules. The respondent admittedly have not done it. It was contended on behalf of the respondent that though the petitioner is serving as a peon in the school and though admittedly he has not been paid as per the scales prescribed by the Rules, we should not issue direction for payment of salary to him from 1999 and our direction should be restricted to the period of three years before filing of the petition. In our opinion, this submission does not lie in the mouth of the charitable trust which is running a school. They have admittedly taken work from the petitioner and have not paid him as per their statutory obligation. In our opinion, therefore, this Court would be justified in directing in its extra- ordinary jurisdiction under the constitution that the petitioner is entitled to be paid as per law. In our opinion, therefore, following order would meet the ends of justice. O R D E R 3. Within a period of two weeks from today, petitioner will submit detailed calculation of the amount paid to him and the amount which he is entitled to receive before the Education Officer with a copy to the management. 3 WP No.3694/10 4. The management shall be entitled to submit any reply to that within a period of two weeks thereafter. After receiving the reply within a period of two weeks, the Education Officer shall calculate the exact amount to which the petitioner is entitled to as arrears. The amount determined by the Education Officer shall be paid by the management within a period of four weeks thereafter. The management shall also start paying to the petitioner salary as per the Rules framed under the Act with effect from the month of November 2010. 5. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)