1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. L.P.A. No. 194/2010 in WRIT PEPTITION NO. 1521/2009 (D) (Gopal Sheshrao Wankhade .vs. Late Meerabai Pethe Education Society and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.A. Kothale, Advocate for Appellant. Mr. Apurv De, Advocate for Respondents 1 and 2. .......... CORAM : S.A. BOBDE & P.D. KODE, JJ. DATED : APRIL 12, 2010 Heard. The appellant has preferred this appeal against the order of the learned Single Judge holding that the respondent-Education Society has not committed a default in making payment of arrears to the appellant as contemplated by the order dated 29.9.2008 passed in Writ Petition No. 3747 of 2008. In the earlier round of litigation, the order directing reinstatement of the appellant was challenged by the Management. This Court allowed the writ petition in the following terms: “(1) The petitioner shall pay amount of Rs.25,000/- on account of arrears of salary of 2 respondent No.1, for the period from the date of his suspension in January, 2007 till his termination on 02.08.2007. (2) The respondent No.1 shall also be paid subsistence allowance for the period from 02.08.2007 till today by the Management. (3) The Management shall continue to pay him subsistence allowance during the pendency of the enquiry proceedings before the Tribunal. (4) The arrears under the heads at Sr.No.1 and 2 above, shall be paid on or before 30.11.2008. (5) If the arrears are so cleared along with the current amounts of suspension allowance, the School Tribunal shall permit the management to lead its evidence to prove the charges before it. In that event, the School Tribunal shall dispose of the proceedings as early as possible and in any case by 30.06.2009. (6) In case of failure of management to pay the arrears as mentioned above, the respondent no. 1 shall stand reinstated back in service and shall be entitled to all benefits flowing from the impugned order of School Tribunal dated 15.07.2008. (7) If the appeal is allowed by School Tribunal, respondent No.1 shall be entitled to full salary from January, 2007 till 2nd August, 2007.” The issue arises in respect of condition no. (6). According to the appellant, the arrears were not paid by the respondent by 30.11.2008 and, therefore, he is entitled to be reinstated and, therefore, the Tribunal rightly directed reinstatement. The learned counsel for the appellant submitted that the learned Single Judge ought not to have allowed the writ petition filed by the 3 Management against the order directing reinstatement as in fact the Management had failed to clear the arrears by 30.11.2008. We have, however, found that the learned Single Judge has taken correct perspective of the matter and has observed that the respondent Management forwarded the cheque for payment to the appellant through its bankers. The learned Single Judge has observed that the appellant has written a letter to the respondent-Management that the amount may be deposited in Account No. 6465 in Amravati District Central Cooperative Bank Ltd. Accordingly the respondent had deposited the amount by cheque drawn on Dena Bank in the salary account of the petitioner. That cheque was sent for clearance by the Amravati District Central Cooperative Bank to the Dena Bank. Dena Bank sent the draft by post by mistake to the Central Bank of India at Amravati instead of Amravati District Central Cooperative Bank. Thus, the amount was not received by the petitioner in his account on 30.11.2008. We find that the learned Single Judge has rightly concluded that it cannot be said that the respondent/society has not complied with the order of this Court in the earlier writ petition and, therefore, the appellant was not entitled for reinstatement. The appeal is dismissed. Shri Kothale, learned counsel for the appellant prays for stay of this order. Prayer rejected. JUDGE JUDGE halwai