1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 605 of 2009 IN Letters Patent Appeal St. No. 14221 of 2009 IN Writ Petition No.1811 of 2009 [decided] [Shrinbai Neterwala Foundation & another Vs. Narendra B. Bhatt] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A. Parchure, Adv., for the appellants. Mr. K.S. Motwani, Adv., for respondent sole. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 11th November, 2009. Heard. Learned Adv., for the respondent has no objection for condonation of delay. Delay is, therefore, condoned. Application is disposed of. Judge Judge |Hedau| 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal St. No. 14221 of 2009 IN Writ Petition No.1811 of 2009 [decided] [Shrinbai Neterwala Foundation & another Vs. Narendra B. Bhatt] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A. Parchure, Adv., for the appellants. Mr. K.S. Motwani, Adv., for respondent sole. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 11th November, 2009. 1. Heard. 2. Merit of the case revolves around text of the order sought to be executed. 3. Learned Adv. Mr. Parchure has tendered for perusal of Court a copy of operative part of the decree under execution. Para 3 thereof reads as follows:- 3.Defendant is hereby further directed to pay the salary as per prescribed pay scale Govt. Of Maharashtra or Govt. of India as mentioned in a bye-laws Chapter II Category-A (6). 4. It is, thus, clear that scales of pay 3 prescribed by the Govt. of Maharashtra are a part of decree. 5. Whether or not, the legal position permits the scales of pay applicable to Govt. of Maharashtra to be availed by the Teachers employed in the schools who undertake the teaching as per the CBSE s norms, is an independent matter, and what is sought to be executed is a decree and, therefore, hardly any option is left to the Executing Court than to execute the decree as it stands. 6. In this background, any indulgence in the Letters Patent Appeal is not required. Appeal is dismissed. Judge Judge |Hedau| 4