1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1929/2011 MURLIDHAR NAMDEORAO PAWANKAR AND ANOTHER ..VS..EDUCATION OFFICER (SECONDARY) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Advocate N.S.Warulkar, for petitioner A.G.P.- K.L. Dharmadhikari for respondent CORAM : SMT. VASANTI A. NAIK & SHRI P.B. VARALE, JJ. DATE : JULY 25, 2011. Heard Shri Warulkar, for the petitioner and Shri Dharmadhikari, AGP for state. By this petition, the petitioner impugns the order passed by the education Officer (Secondary) Zilla Parishad Bhandara on 11.1.2011 rejecting the representation filed by the petitioners for refund of the amount of Rs.1,53,010/- paid by them to one Shri Warkhade. The petitioner no.1 is the legal heir of one Shri Namdeorao Pawankar who was the erstwhile secretary of the Janata Shikshan Sanstha. The petitioner no.2 is the retired Headmaster of Buti High School Kamari, run and administered by Janata Shikshan Sanstha. One Shri Warkhade was working as a Laboratory attendant in a school run and managed by Janata Shikshan Sanstha and though there was only one post of Laboratory Attendant one Shri A.P. Pawankar was also working on that post. Since two persons namely Shri Warkhade and Shri Pawankar were working on the same post, the salary of Shri Warkhade was withheld from February 2006. Shri Warkhade filed 2 a writ petition in this court and this court by an order dated 15.10.2008 allowed the Writ Petition no.2601/2007 and directed the Secretary of the sanstha i.e. the father of the petitioner and the headmaster of the school i.e. the petitioner no.2 to pay the salary of Mr. Warkhade out of their own funds. The judgment passed by this court on 15.10.2008 was not complied with by the petitioner no.2 and the father of the petitioner no.1 and hence a contempt petition was filed against them. During the pendency of the contempt petition the amount of Rs.1,53,010/- was paid by the father of the petitioner no.1 and petitioner no.2 to Shri Warkhade. The petitioner therefore made a representation to the Education Officer (Secondary) Zilla Parishad Bhandara for the recovery of the amount of Rs.1,53,010 paid by them to Shri Warkhade. The Education Officer, however, by the impugned order dated 11.1.2011 rejected the representation on the ground that there was no question of refund of the amount to the petitioners. On hearing the learned counsel for the parties and on perusal of the judgment dated 15.10.2008 in Writ Petition No.2601/2007 it appears that the Education Officer had rightly rejected the representation field by the petitioner by the impugned order dated 11.1.2011. It is necessary to note that while allowing Writ Petition No.2601/2007, this court had directed the father of the petitioner no.1 and respondent no.2 to pay the salary to Shri Warkhade, the petitioner in that case, out of their own funds. In such circumstances in view of the judgment dated 15.10.2008, there was no reason for the Education Department to repay the amount of Rs.1,53,010/- to 3 the petitioner merely because they had paid the same to Shri Warkhade. It is necessary to note that Shri Warkhade and Shri Pawankar were working on the said post and the State Government had already paid the salary of Shri Pawankar and hence in such situation, this court had by he judgment dated 15.10.2008 directed the petitioner no.2 and the father of the petitioner no.1 to pay the salary of Shri Warkhade. The order dated 11.1.2011 appears to be just and proper and calls for no interference. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE JUDGE SMP