1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.8091 Of 2010 In Writ Petition No.1443 Of 2008 Ajmeri Begum Afzuluddin And Another. .. Applicants. Versus The State of Maharashtra & Others. .. Respondents. -------- Shri. Pradeep Deshmukh, Advocate holding for Shri. Hrishikesh A Joshi, for applicants. Smt. Y.M. Kshirsagar, Assistant Government Pleader, for respondent Nos.1 and 2. Shri. P.P. Dama, Advocate for respondent No.3. Shri. V.R. Sonwalkar, Advocate holding for Shri. V.R. Borulkar, for respondent Nos.4 and 5. -------- 2 CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 18th JUNE 2010 PER COURT : 1) Heard. 2) We have perused the report of the Education Officer. The counsel for the respondents – management submits that another officer – Block Development Officer has endorsed on the attendance register to the effect that the applicants were not attending the school. 3) Primarily, the Education Officer’s report would have been taken into consideration at this stage. The plea of the management is that these two applicants are not attending the school. The learned counsel for the applicants submits that 3 they are not allowed to sign the muster register though they are teaching and discharging their duties. These are the disputed questions of fact. 4) Therefore prima facie at this stage relying on the report of the Education Officer we pass following order. 5) The respondent Nos.4 and 5 – management shall forward the pay bills of the applicants showing them on duty to the Education Officer for the past period within two weeks from today. The Education Officer thereafter shall pass appropriate order on the same within two weeks thereafter. The dispute in respect of bills, payment of salary for the past period etc. would be decided and settled afterwards. The management shall maintain 4 educational discipline in the school. We observe that the parties should not engage themselves in litigation but they shall concentrate on teaching the students and maintaining harmonious atmosphere. We find that if there is complete break down of the atmosphere and stringent action would be recommended to the State authorities. 6) Stand over to 2nd July 2010. Authenticated copy be given to the counsel for the parties. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.8091.10