1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.446 OF 2008 Ukkuda V. Ratnakar ...Petitioner. v. Shri Mukund K. Patil Deshmukh and Ors. ...Respondents. Mr. N.R.Bubna a/w Ms Prerana Silimkar, advs. for the Petitioner. None for the respondents. CORAM : J.H.Bhatia, J. DATE : 20th September, 2010 P.C.: 1 By the order dated 23rd November, 2005 corrected by the order dated 4th October, 2006, Writ Petition No.9288 of 2004 was disposed off. Grievance of the petitioner was that in spite of being qualified, she was not being put in the scale as provided by M.E.P.S. Act and Rules framed therein. Petition was disposed off by giving direction to the Education Officer (Primary) Zilla Parishad, Thane to hear the parties and pass appropriate directions in the matter of payment of salary if the petitioner is entitled to. As per that direction, Education Officer heard parties and passed the order dated 25.6.2008 holding that the petitioner is entitled to salary and allowances as per the Government pay scales and he also directed management to make the payment promptly . Thus, the order passed by this Court has been 2 complied by the Education Officer (Primary), Zilla Parishad, Thane. 2 The contention of the petitioner in the present petition is that management has not made payment in spite of the order passed by the Education Officer. Action for contempt of the Court can be taken only if there is breach of the order of the Court. There was no order passed by this Court directing management to make the payment. Order was directed against the Education Officer (Primary) to hear the parties and pass the order. That part has been completed. Now the grievance is that order of the Education Officer is not complied. The Education Officer is not a Court and, therefore, for non- compliance of that order, action cannot be taken for the contempt of the Court. Therefore, petition stands dismissed. 3 Petitioner shall have liberty to take appropriate action for compliance of the order passed by the Education Officer. (J.H.BHATIA, J.) 3