1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1378 OF 2009 IN WRIT PETITION NO.777 OF 2009 Bapusaheb Abaji Mane ..Applicant V/s. The State of Maharashtra & ors ..Respondents Mr.S.G.Deshmukh, Advocate, for the applicant Mr.V.P.Malvankar, Assistant Government Pleader, for respondent Nos.1 to 3 Mr.A.B.Borkar, Assistant Government Pleader, for respondent No.4 CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 31ST JULY, 2009 P.C. . Heard the learned counsel for the parties. 2. An amount of Rs.4,18,524/- has already been deposited by respondent No.4 in this Court as per the directions issued by this Court. The said amount is claimed by the applicant on account of difference in pay scale as the applicant is 2 claiming senior pay scale in the post of Principal which was denied to him by respondent No.4. It is to be noted here that the Director of Education issued a direction to release the senior pay scale of the petitioner. The Management is the respondent, who filed Writ Petition No.3478 of 2009 against the said direction. The said Writ Petition was dismissed by this Court and hence the order/direction of the Deputy Director of Education has attained finality as against the respondents. Shri A.B.Borkar, the learned counsel for respondent No.4 vehemently opposed the release of the amount. He submitted that the relief in the above Civil Application is in the nature of final relief and therefore, the amount should not be allowed to be withdrawn. The submission made by the learned counsel is without any merit in the light of the Order passed by the Deputy Director and confirmed by this Court as stated above. Therefore, we are in favour of releasing the amount in favour of the applicant which has been deposited in this Court. 3 Therefore, the above Civil Application is allowed in terms of prayer clause (a) however, on the condition that the applicant shall give Surety to the satisfaction of the Registrar (Judicial) and shall file an Undertaking that in case the above Writ Petition is dismissed, he would bring back the amount within a period of two weeks with such interest as will be directed by the Court at the final hearing. The above Civil Application is accordingly disposed of. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )