1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3951 OF 2009 Balu Bayaji Hake .. Petitioner Vs The Deputy Director of Education, Kolhapur Region and others .. Respondents Manisha Shekhar i/b J. Shekhar & Co for the petitioner Ms. S.S. Bhende, AGP for the State CORAM : Smt. V.K. TAHILRAMANI, J. DATE : 22nd September, 2009 P.C.: 1. Heard the learned advocate for the petitioner and the learned AGP for respondent nos. 1 and 2. 2. The petitioner has sought various prayers in the present petition. However, the learned advocate for the petitioner categorically stated that she is pressing only one prayer i.e the salary of the petitioner which has been withheld from March 2008 on account of letter / order dated 18th February, 2008 passed by the Deputy Director of Education be set aside. The relevant part of the said RMA wp3951-09.sxw 2 letter reads as under : "The appointment of the petitioner has been approved in Secondary division for Geography subject as a Shikshan Sevak. However, we have knowledge that, for the same post Mr. Bansode was claiming and filed petition in the Hon'ble High Court. In this case, we will approve the appointment of Mr. Hake for Geography subject for -16 clock hour basis periods, subject to decision of the Hon'ble High Court and detailed report in that regard. The salary of Mr. Hake for Secondary should not be released till the approval of the said posting." 3. The learned AGP states that the approval has been given by the Education Officer, Zilla Parishad, District Sangli to the appointment of the petitioner as 'Shikshan Sevak' from the period 01.12.2007 to 30.11.2010 and salary for the period from December 2007 to February 2008 has already been paid to the petitioner. She further states that on 24th August, 2009, salary bill of the petitioner for the period from March 2008 to August 2009 has been submitted to the Treasury Office, Sangli and salary for the said period will be paid to the petitioner within 2 or 3 days. This submission is based on the RMA wp3951-09.sxw 3 affidavit dated 25th August, 2009 of the Deputy Education Officer (secondary), Zilla Parishad, District Sangli. The learned advocate for the petitioner has admitted that she has received salary from March, 2008 to August, 2009. However, she expressed apprehension that thereafter the petitioner may not be given salary. The learned AGP has stated that regular payment of salary will be made to the petitioner from September, 2009 onwards. In view of this statement, this apprehension does not survive. Hence, the petition is disposed of . (SMT. V.K. TAHILRAMANI, J) RMA wp3951-09.sxw 4 RMA wp3951-09.sxw