pvr １ wp1797-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1797 OF 2011 Shri.Onkarnath Upendranath Upadhyay. ...Petitioner vs. 1.Geeta Education Trust & ors. ...Respondents --- Mr.Mihir Desai, for Petitioner Mr.A.S.Tamhane & Mr.R.J.Dhond, for Respondent nos.1 & 2. Ms.Anjali Helekar, AGP for Respondent nos.3 & 4. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 20th December,2011. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of the parties. The only prayer made by the learned Counsel appearing for petitioner is that respondent nos.1 and 2 should be directed to make payment to him of his salary for the pvr ２ wp1797-11 period from 29.4.2008 to 12.6.2011 as per the provisions of Maharashtra Employees Private Schools Act 1977 and Rules 1981. The learned Counsel appearing for respondent nos.1 and 2 does not dispute that payment of salary as per the M.E.P.S.Act and Rules has not been made to the petitioner though some ad-hoc amount has been paid by respondent nos.1 and 2 to the petitioner. If the school run by respondent nos.1 and 2 is a recognized school then they are under a statutory duty to make payment to the teachers as per the rules under M.E.P.S.Act and Rules. In these circumstances, in our opinion, the following order would meet the ends of justice:- Within a period of two weeks from today, the petitioner shall submit to the respondent no. 3-the Education Inspector details of the salary to which he is entitled as per the Act and Rules. The petitioner shall serve copy of the statement that he has to submit to the Education pvr ３ wp1797-11 Inspector to respondent nos.1 and 2. Respondent nos.1 and 2 if they want to file any reply, file it within a period of two weeks from the date of receiving the statement. The Education Inspector thereafter shall work out the amount to which the petitioner is entitled from respondent nos.1 and 2. The respondent nos.1 and 2 shall make payment of that amount to the petitioner within a period of three months from the date the Education Officer makes an order. Rule is made absolute accordingly. The learned Counsel appearing for petitioner has not pressed this petition in so far as the challenge to the order terminating his services. The petition to that extent is permitted to be withdrawn with liberty to adopt appropriate remedy. (D.K.DESHMUKH, J.) (ANOOP V. MOHTA, J.)