1 wp1729.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1729 OF 2011 KJ Mrs.Monika Dias )..Petitioner Vs. Holy Cross Convent High School & Ors. )..Respondents ---- Mr.Mandar Limaye for the petitioner. Mr.Himanshu Kode for respondent nos.1 & 2. Mr.C.R.Sonawane AGP for respondent no.3. Mr.Vishal Bapat Jr.Asst.Education Officer Secondary Zilla Parishad, Thane, present. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 28/4/2011. PC 1 Heard Counsel for the parties. 2 Rule. Rule made returnable forthwith, by consent. Mr.Kode waives notice for respondent nos.1 & 2. Mr. Sonawane AGP waives notice for respondent no.3. 3 As short question is involved, petition is taken up for final disposal forthwith, by consent. 2 wp1729.11.sxw 4 The petitioner has rushed to this Court as her regular salary has not been paid to her w.e.f September-2010. Instead, the respondents are unauthorisedly deducting certain amounts from her salary. This has been done on account of directions issued by the Deputy Director of Education Officer-respondent no.4. The management has merely acted upon the said directions. The fact that such directions have been issued by Deputy Director of Education without giving any opportunity to the petitioner to show cause is not in dispute. On this count alone, petition will have to be succeed. 5 Accordingly, we direct the respondents to pay the regular salary to the petitioner for the period from September-2010 and also continue to pay future regular salary to her until the Authority takes appropriate decision by giving opportunity to the petitioner. Indeed, it will be open to the Authority to consider the stand of the management that the petitioner herself has agreed for such deduction. The efficacy of such document executed by the petitioner can be considered by the Appropriate Authority. The 3 wp1729.11.sxw arrears towards regular salary payable to the petitioner from September-2010 shall be disbursed to the petitioner within three weeks from today. We make it clear that all questions raised in the present petition as well as agitated by the management in the reply-affidavit are left open to be considered by the Appropriate Authority in accordance with law. The Authority shall take final decision in the matter regarding permissible deduction or otherwise within six weeks from today. The petitioner as well as the management shall extend full co-operation for early decision to the Appropriate Authority. Petition disposed of on the above terms. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)