1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2713 OF 2009 IN WRIT PETITION NO.7181 OF 2007 Jainath Prajapati ....Applicant V/s. Shree Bhayandar Kelvani Mandal & Ors. ....Respondents WITH CIVIL APPLICATION NO.2714 OF 2009 IN WRIT PETITION NO.7176 OF 2007 Mahendra P. Mishra ....Applicant V/s. Shree Bhayandar Kelvani Mandal & Ors. ....Respondents Mr.M.P. Vashi with Mr.Santosh Narwade M/s.M.P. Vashi for the Applicants. Mr.N.R. Bubna for Respondent No.1. Mr.P.I. Khemani, A.G.P. for Respondent Nos.2 and 3. CORAM : S.J. VAZIFDAR, J. DATE : 23RD FEBRUARY, 2010. P.C. :- 1. By these Civil Applications, the Applicants/Petitioners have sought an order for payment of arrears of their salaries as per the impugned orders. Rule has already been issued in both these Writ 2 Petitions. The question whether reinstatement is justified or not is therefore yet to be decided. 2. By an order dated 9.2.2009, S.A. Bobde, J. has directed the Tribunal to issue a fresh order regarding back wages after permitting the parties to file the pleadings and lead appropriate evidence. Prima-facie the evidence led even after this opportunity may not fulfill the requirements of law for being awarded back wages for the entire period. For instance. Mr.Vashi fairly conceded that there was no evidence as to whether the Petitioners had even tried to get employment anywhere else. However, it must be noted that the termination was with effect from 30.1.2007 and the appeal was decided by the School Tribunal on 13.8.2007. It is a moot point as to whether a party is at all bound to seek employment elsewhere when the matter proceeds almost immediate and is decided in such a short time. Prima-facie again, the finding of the School Tribunal that it cannot be disbelieve that such relatives and friends of the Petitioners might have helped them financially, is justified. However, this very reasoning may not apply for a longer period. I intend therefore to direct Respondent Nos.1 and 2 to these Civil Applications i.e. the management to deposit the arrears of both the Petitioners’ salaries in this Court for a period 30.1.2007 to 13.8.2007 on or before 31.5.2010. It is however, not possible to permit the Petitioners to withdraw the amount unconditionally. 3. In the circumstances, both the Civil Applications are disposed of by the following order :- i). Respondent Nos.1 and 2 to these Civil Applications i.e. The management to deposit the arrears of both the Petitioners’ salaries for a 3 period 30.1.2007 to 13.8.2007 on or before 31.5.2010. The Applicants i.e. the teachers are at liberty to withdraw the same upon furnishing security to the satisfaction of the Registrar General of this Court. ii). In the event of the amount not being withdrawn within four weeks of the deposit thereof, of which notice shall be given by Respondent Nos.1 and 2’s advocate to the advocate for the Applicants, the same shall be invested in fixed deposit of a nationalized bank initially for a period of one year and thereafter for like periods of one year each till further orders.