1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 79 OF 2007 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri D.R.Bhadekar for the petitioner, Smt. Wadmare, learned AGP for Respondent No.1 and Shri V.C.Solshe, Advocate for Respondent No.3. 2. This is a Petition by original writ petitioner in Writ Petition No. 7268 of 2005 for taking action against Respondent No.4 for having committed contempt of the order of the court passed on 17.11.2006 in the said writ petition. By the said order dated 17.11.2006, writ petition No. 7268 of 2005 was disposed of by the Division Bench with following directions: 2 " Considering all these aspects of the matter we propose to direct the Education Officer (Secondary) Zilla Parishad Latur to decide the issues raised by the parties. The Education officer (Secondary) Zilla Parishad Latur shall pass effective orders as regards payment of arrears of salary to the petitioner, if any, as determined by him pursuant to his order dated 1-5-2005 (Exhibit-9 to the Petition). In case the Petitioner makes the comprehensive representation regarding his further grievances to the Education Officer within two weeks from today, the same shall be considered by the Education Officer and effective and reasoned orders be passed after hearing the concerned parties in this regard. The Education Officer shall also 3 consider the application / representation made by the management while considering all the issues pending before him. An amount of Rs.1,39,789/- deposited by the management in this court, shall be paid to the petitioner. The petitioner is at liberty to withdraw the said amount." 3. It appears that pursuant to the above directions of the Division Bench, a comprehensive representation was made by the petitioner to the Education Officer, Zilla Parishad, Latur, on 30.11.2006 4. Shri Bhadekar, learned counsel for the petitioner drew my attention to the order passed by the Education Officer which is dated 22.12.2006 produced with this contempt petition at page 40. It appears from the said order of the Education Officer that a comprehensive representation was, in fact, considered and detail 4 directions are given regarding the amount payable to the petitioner. 5. However, learned Counsel for the petitioner submitted that prayer item No.10 from his comprehensive representation dated 30.11.2006 was not considered by the Education Officer while passing the order dated 22.12.2006. Item No.10 from the representation is regarding granting of pay scale of Rs.5500-9000 with effect from 11.6.1990. 6. Now, it is admitted by Advocate Shri Bhadekar for the petitioner that pay-scale of Rs.5500-9000 is granted to the petitioner with effect from 11.6.1990. However, according to him, senior grade in the said pay- scale ought to have been granted to the petitioner. 7. In my opinion non grant of senior grade in the pay-scale of Rs. 5500-9000 is not covered by the 5 comprehensive representation and if the petitioner wants any relief in that respect, he can move necessary application to the Education Officer. Merely because that aspect was raised and not considered by the Education Officer while passing order on comprehensive representation of the petitioner, it cannot be said that there was any contempt of the order of the court. 8. Hence, contempt petition dismissed. Date:29/07/2009 (P.R.BORKAR, J.) pnd/cp79.07