wp1212.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1212 OF 2011 Veyankatrao s/o Dnynoba Mane, R/o-Subhadra Niwas, Nanded Naka, Nath Nagar, Latur, Dist-Latur. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, School and Education Department, Mantralaya, Mumbai-32, 2) The Spl. District Social Welfare Officer, Block No.1, Administrative Building, Near Zilla Parishad, Latur, Tq. & Dist-Latur, 3) The Secretary Ahilyabai Holkar Shikshan Prasarak Mandal, Karepur, Tq-Renapur, Dist-Latur, 4) The Head Master, Late Janardhanrao Rajmane Primary & Secondary Ashram School, Janwal, Tq-Chakur, Dist-Latur. ...RESPONDENTS. wp1212.11 2 ... Shri.H.P. Jadhav Advocate for Petitioner. Shri.K.M. Suryawanshi, A.G.P. for Respondent Nos.1 and 2. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 18TH FEBRUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. The learned counsel for the Petitioner submits that the Petitioner was terminated on 30th April, 2007. He challenged the said order before the School Tribunal. During the pendency of the proceedings before the School Tribunal, the Management withdrew the termination order and thereafter the Petitioner was reinstated. The Petitioner was again terminated on 28th April, 2009. The Petitioner again challenged the said order before the School Tribunal. By Judgment and order dated 1st October 2009, passed in Appeal No. wp1212.11 3 16 of 2009, the School Tribunal partly allowed the Appeal and passed following order, which is annexed to the Petition: " O R D E R 1. Appeal is partly allowed 2. Termination order dated 28.4.2009 w.e.f. 1.5.2009 passed by the respondent No.1 is hereby quashed and set aside. Appellant is punished in lieu of his termination order by withholding of an increment of one year of the academic year 2008-09. 3. The respondents are directed to reinstate the appellant forthwith to his original post as assistant teacher. The respondents are further directed to pay full backwages by excluding withholding of increment as ordered above, along with all consequential wp1212.11 4 benefits from the date of termination to the date of reinstatement. 4. The respondent Nos. 1 & 2 shall pay the arrears of backwages and other consequential benefits as ordered above, to the appellant within 40 days from this order. If the respondent Nos. 1 & 2 failed to obey the above order within the prescribed period then the respondent No.3 shall withhold non salary grants of the respondent school and pay from it directly to the appellant his arrears of backwages and other consequential benefits." 3. It is submitted that the Petitioner had earlier filed Petition bearing Writ Petition No. 6535 of 2008 for seeking direction to the Respondents therein, to pay salary of the Petitioner, as per chart annexed thereto. By an wp1212.11 5 order dated 13th August, 2009, the Division Bench of this Court (CORAM: B.R. GAVAI & N.D. DESHPANDE, JJ.), allowed the Petitioner to withdraw the Petition and to make a representation for claiming unpaid salary. As the said order was not complied with, the counsel for the Petitioner contends that Contempt Petition was filed, which according to the counsel, was dismissed. The counsel further submits that this Petition is filed for claiming arrears of salary as per chart annexed with the representation dated 30th November, 2010 and seeks direction to decide the said representation. 4. We have perused the representation dated 30th November 2011, made by the Petitioner addressed to District Social Welfare Officer, wherein the Petitioner has given reference of proceedings of Writ Petition No.6535 of 2008 and Contempt Petition No.35 of 2010. 5. Considering all these facts and wp1212.11 6 circumstances, we are not inclined to exercise our extra ordinary writ jurisdiction. The Writ Petition is dismissed. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/FEB11/wp1212.11