- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4993 OF 2007 ... Smt.Meena Abasaheb Ghadge ...Petitioner v/s The Head Master, Janata English School & Higher Secondary School, Saikheda, and others ...Respondents ... Mr.Mandar Limaye for the Petitioner. Mr.A.H.Palekar, AGP for State-Respondent No.3. Mr.K.Y.Mandlik for Respondents Nos. 1 & 2. ... - 2 - CORAM: D.K.DESHMUKH & V.C.DAGA, JJ. DATED: 8TH JULY, 2008 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. It is an undisputed position that on 4-1-2004 the Petitioner was working as a Asst.Teacher with the Respondents Nos. 1 & 2. It is also not disputed that he has not been paid his salary. 3. If the Petitioner is working in the recognised Private School, his conditions of services are governed by Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and he is entitled to the salary in accordance with the Act, Rules framed thereunder and the Government Resolutions issued by the Government from time and - 3 - therefore, the Respondents Nos. 1 & 2 cannot deny their liability as employer to make payment of salary to the Petitioner. 4. In our opinion, in this situation, following order would meet the ends of justice. O R D E R (i) Within a period of two weeks from today the Petitioner shall file his claim before the Respondent No.3 showing the amount of salary to which he is entitled giving details right from 4-1-2004 till June, 2008; (ii) Before filing the claim, the Petitioner shall serve a copy of the same on Respondents Nos. 1 & 2; (iii) Within a period two weeks from the date of receiving the copy of the claim from the Petitioner, the Respondents Nos. 1 & 2 shall file their response before the Respondent No.3 (iv) The Respondent No.3, thereafter, within a period of four weeks, shall make an order determining the - 4 - amount of salary to which the Petitioner is entitled and communicate the same to the Respondents Nos. 1 & 2; (v) The Respondents Nos. 1 & 2 shall make payment of that amount to the Petitioner within a period of two weeks from the date of the order, subject to their right to challenge the correctness of that order before the appropriate forum. (vi) The Respondents Nos. 1 & 2 shall make payment of salary to the Petitioner, to which he is entitled, from the month of July, 2008 regularly in accordance with law. (vii) Rule discharged with no order as to costs. (D.K.DESHMUKH, J.) (V.C.DAGA, J.)