1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 977 of 09 R.N. Bhende and anr v. EO and anr ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms P. Mahashabde, Adv for petitioners. Ms I. Bodae, AGP for respondent no.1. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 17th March 2009 1. Heard Ms Mahashabde, learned counsel for petitioners and Ms Indira Bodade, learned AGP for respondent no.1. Petitioners are seeking direction to respondent no.1 to permit the petitioners to operate Account No. 6347 so far as petitioner no.1 is concerned and Account No. 5420 so far as petitioner no.2 is concerned. Both these accounts are with the Bhandara District Central Cooperative Branch, Sihora Branch, which are freezed by the Bank by communication dated 4.9.2008 issued by respondent no.1. 2. Learned Asst. Government Pleader has brought to our 2 notice the following facts : (i). That, the petitioners have filed Writ Petition No. 2913 of 1995 seeking direction to the respondents to release the salary of petitioners for the relevant period. The said petition is admitted by this Court and it is pending for final hearing. (ii). That, in the said petition, respondents were directed to release salary of the petitioners for concerned period and since the said interim direction was not implemented, petitioners have filed Contempt Petition No. 71 of 2006 which is pending in this Court. In the said contempt petition, learned single Judge has passed the following order on 31.7.2008 : “Learned AGP for respondent no.1 to take instructions whether the Govt has paid any salary from the Salary Grants to petitioner no. 8 & 9 who are said to have been not working from 1992 positively on the next date. Learned AGP to further state as to why the Edu. Officer did not apply to this Court pointing out that no salary could be paid to these persons, who are not working and further this Court should modify the Order Dt 9.2.96 in WP no. 2913/95 and 4.8.05 in WP No. 2913/95. The petitioner shall find out whether W.P. No. 2913/95 is alive or not. 3 The Education Officer to stop from making any payment if he is in preparation to do so....” 3. In the backdrop of the above-referred facts, it is difficult for us to entertain fresh petition against the communication issued by respondent no.1 dated 4.9.2008 which is impugned in the present writ petition and it will be appropriate for the petitioner move application in Writ Petition No. 2913 of 95 for necessary direction if so advised, since the impugned communication is related to the issue involved therein, though related to different aspect. 4. With this observation, present writ petition is disposed of. Judge. Judge. hsj