: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.947 OF 2007 WRIT PETITION NO.947 OF 2007 WRIT PETITION NO.947 OF 2007 Maharashtra Rajya Prathamik Shikshak Sangh & Anr. .. Petitioners. Versus The Municipal Corporation & 3 Ors. .. Respondents. Mr.V.Z.Kankaria for the petitioners. Mr.C.J.Sawant with Mr.S.M.Sabrad for respondent Nos.1 & 2. Mr.V.A.Sonpal, A.G.P. for respondent No.3. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 19th June, 2008. DATE : 19th June, 2008. DATE : 19th June, 2008. P.C.: P.C.: P.C.: 1. Mr.Kankaria, Advocate states that he is appearing for the petitioner and has already filed Vakalatnama for the petitioner. 2. By consent of parties, we have heard the petition itself finally. : 2 : 3. It appears that the Municipal Corporation is not disputing its liability to pay the arrears of salary, pension and other dues which are payable to the primary teachers working under the Corporation. But the learned Counsel appearing for the Corporation states that they are disputing the exact quantum of the amount which is payable, considering the payment that has already been made. He also submits that the Corporation has approached the State Government for financial assistance for paying the dues. He further states that because the State Government, is considering its request for financial assistance, substantially long time should be given to the Corporation to make the payment. 4. After having heard learned Counsel for both the sides, in our opinion, following order would meet the ends of justice :- a) Within a period of 2 weeks from today, the petitioners- association shall submit their statement before the Principal Secretary in the department of Finance indicating the exact amount to which they are entitled. They will state in the statement, exact amount which was due to them : 3 : as also the amount that has been received so far. b) Before filing that statement before the Principal Secretary, a copy thereof shall be served by them on the Advocate appearing for the Municipal Corporation. The Municipal Corporation within a period of 2 weeks from the date of receiving the statement, submit its reply to the statement before the Principal Secretary after serving advance copy on the Advocate appearing for the petitioner. The Principal Secretary shall decide the exact amount which is payable on different heads to the members of the petitioners- association. The Principal Secretary shall make that order as expeditiously as possible and in any case within a period of 8 weeks from today. c) On the order being made by the Principal Secretary as directed above, the Municipal Corporation shall make payment in accordance with that order as expeditiously as possible, in any case within a period of 4 months from the date on which the order is made. d) In case, the Corporation or the : 4 : petitioners- association feel aggrieved by the order that may be passed by the Principal Secretary, they will be free to adopt appropriate remedies that may be available to them under the law. However, subject to any challenge that may be raised to that order, payment shall be made without waiting for the decision of the challenge in accordance with law within the time frame as indicated above. 5. Rule is made absolute accordingly with no order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)