1 WP3640.10 srp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3640 OF2010 Dr. Deepak Limbaji Chougule ... Petitioner Vs 1. State of Maharashtra & 3 Ors. ... Respondents Mr. Amit Borkar for the Petitioner. Mr. S.R. Nargolkar, Addl.G.P. for the Respondent No.1. Mr. Chetan G. Patil for the Respondent No.3. Mr. Ajit M. Savagave for the Respondent No.4. CORAM : MOHIT SHAH, C.J. & S.J. VAZIFDAR, J. TUESDAY, 1ST FEBRUARY, 2011. P.C. : 1. The petitioner, who is an Assistant Professor in respondent No. 3-college, has made two-fold grievances in this petition. One is about the alleged illegal acts committed by respondent No.4 and the other is about gross delay in payment of the monthly salary by the respondent No.3-college to the petitioner. 2. As far as the first grievance is concerned, the learned counsel 2 WP3640.10 for respondent No.3-college states that respondent No.4 has already been relieved from the post of Administrative Officer of respondent No.3-college and that respondent No.4 is now not associated with any activity relating to payment of salaries to the teaching and non teaching staff of respondent No.3-college. In view of the above statement, that part of the grievance does not survive. 3. As regards the other grievance, the learned counsel for the petitioner states that the respondent No.3-college does not pay salary to the petitioner regularly and that very often, the delay is of months. The learned counsel for the respondent No.3-college has relied on the affidavit-in-reply dated 31st January, 2010, wherein it is stated, inter- alia, as under : “10. I state and submit that the approved fee, as decided by the Shikshan Shulka Samiti, for the first year students is Rs.25,000/-. I state that sometimes there is delay on the part of the students in payment of fees. Thus I state that less number of students, low fee coupled with the problem of students paying their fees late, sometimes results in payment of salary to the staff becoming irregular. However I categorically state that there has been no default on the part of the respondent no.3 society in payment of salary to the staff and the fact that the petitioner, by his own saying is working in the college for more than 20 years is itself evident of the fact that the college has never defaulted in the payment of the salary to the staff.” 3 WP3640.10 4. The learned counsel for the respondent No.3-college further states that the petitioner will be paid salary on the same date on which other members of the teaching staff of respondent No.3-college will be paid salary. 5. Respondent No.3-college shall also endeavour to make regular payment of salary to the petitioner and other members of the teaching staff. In case of any default or delay on the part of the management, it will be open to the petitioner and other aggrieved parties to move the appropriate authority. 6. In view of the above, the petition is disposed of after recording the above statements and in terms of the above observations and directions. CHIEF JUSTICE S.J. VAZIFDAR, J.