9.wp.2081.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2081 OF 2009 Smt.Suvarna Ramchandra Kamble. ..Petitioner. Versus The President, Samta Nagar Galedharak Mahasangh and Samta Balakmandir Shikshan Sanstha, Pune and others. ..Respondent.s .... Mr.V.N. Tayade, Advocate for the Petitioner. Mr.S.S. Rairkar, Advocate for respondent No.4. Mr.Vikas Shivarkar, Advocate for respondent Nos.1 & 2. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 16TH DECEMBER, 2009 P.C.:- 1. The grievance of the petitioner is that the petitioner who was working as a teacher in the school of respondent No.3 has not been paid in accordance with law. If the petitioner was working as an Assistant Teacher in a recognized school, she is entitled to payment of salary as per the provisions of the M.E.P.S. Act and Rules framed thereunder. However, the question whether the petitioner was paid as per law or not, 9.wp.2081.09 2 how much the petitioner was to be paid every month, are all disputed questions of facts and, therefore, in our opinion, the following order would meet the ends of justice : :: O R D E R :: [i] The petitioner shall within a period of four weeks from today shall make an application to respondent No.4 giving giving all details about her appointment, her work, the amount she has received per month as salary and about the amount to which she is entitled as per law. Before filing that application before respondent No.4, the petitioner shall serve copy thereof on respondent Nos.1 & 2. The Management thereafter, within a period of four weeks from the date of receipt of copy of the application of the petitioner, shall submit its reply before the Education Officer. Education Officer thereafter after granting an opportunity of being heard to both sides make an order determining how much amount is payable by respondent Nos.1 & 2 to the petitioner. The amount, as determined, shall be paid by respondent Nos.1 & 2 9.wp.2081.09 3 subject to its right to challenge validity of that order. If according to the Management it is entitled to reimbursement of the salary grant from the School Board, the Management shall be at liberty to make such a claim for reimbursement. If such a claim is made, it shall also be decided in accordance with law. [ii] Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J) (K.K. TATED,J)