1 FARAD CONTINUATION SHEE NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CONTEMPT PETITION NO. 278 OF 2009. IN WRIT PETITION NO NO 4172 OF 2004. Office notes, Office Memoranda of Coram, appearances, court’s orders or directions and registrar’s order. Court’s or Judge’s orders 1. Heard Shri S. A. Dhengle Advocate for petitioners. He seeks leave to correct the name of the respondent no.2 Leave granted. The amendment be carried out forthwith. 2. The learned Advocate Shri S. A. Dhengle for petitioners drew my attention to order passed by this court on 26th November 2008 in Writ petition No. 4172 of 2004. The order is as follows. “The petitioner is 2 entitled to file comprehensive representation within four weeks from today before respondent o.2 The Deputy Director of Education, Pune Division, Pune in the light of the Order passed by the Division Bench of this Court in Writ petition No. 1884 of 1991, dated 4th July,2008. In case the representation is received by respondent no2, we direct the respondent no. 2- Deputy Director of Education, Pune to pass appropriate orders on the application/representation after hearing the petitioner and the Respondent Management within six weeks from the date of receipt of the representation.” 3. The learned advocate also drew my attention to “Exh.C” alongwith contempt petition., which is decision by Deputy Director (Education) communicated to 3 the petitioner on 16th April, 2009. As per Para no.2 of the letter the petitioner is entitled to difference of salary for the period 18.02.1991 to 31.10.2002 but the same is not payable by the Government, but it was to be payable by the Institutions representing respondent nos.1 and 2. According to said letter produced at Exh.C, the demand was made by contempt petitioner to Joint Secretary-respondent no.1. It is also clear that amount was not paid as per directions of the Deputy Director,Education in this reference. 4. Therefore this contempt petition is filed. It appears that the order of this court dated 26th November 2008 in Writ Petition No. 4172/2004 as produced has been complied. There is no complaint 4 regarding same. This petition is necessarily for taking action against respondent nos 1 and 2 who are representing the Educational institutions for non-payment of the difference. 5. In my consider opinion, such non payment would not amount to contempt of the Court, as order of this Court is duly complied. However, execution of the order passed by the Deputy Director Education is remained. In this circumstances, the petitioner is directed to avail appropriate remedy. 6. The contempt petition is disposed of. Date : 28.08.2009 ( P.R.BORKAR, J) MTK/ cp.278.2009. 5 FARAD CONTINUATION SHEE NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CONTEMPT PETITION NO. 278 OF 2009. IN WRIT PETITION NO NO 4172 OF 2008. Office notes, Office Memoranda of Coram, appearances, court’s orders or directions and registrar’s order. Court’s or Judge’s orders 1. Heard Shri S. A. Dhengle Advocate for petitioners. He drew my attention on order passed by this court on 26th November 2008 in Writ petition No. 4172/2004 order is as follows. “The petitioner is entitled to file comprehensive representation within four weeks from today before respondent o.2 The Deputy Director of Education, Pune Division, Pune in the light of the Order passed by the Division Bench of this Court in Writ 6 petition No. 1884 of 1991, dated 4th July,2008. In case the representation is received by respondent no2, we direct the respondent no.2- Deputy Director of Education, Pune to pass appropriate orders on the application/representation after hearing the petitioner and the Respondent Management within six weeks from the date of receipt of the representation.” 2. The learned advocate also drew my attention to Exh.C alongwith contempt petition., which is decided by Deputy Director Education communicating to the petitioner on 16th April,2009. As per Para no.2 of the letter the petitioner is entitled to difference in salary for the period 18.02.1991 to 31.10.2002 but the same is not payable by the Government but it was to be payable by the Institutions representing respondent nos.1 and 2. According to said letter produced at Exh.C, the demand was made by contempt petitioner to Joint Secretary- respondent no.1. It is also clear 7 that amount was not paid as per directions of the Deputy Director,Education in this reference, thus, contempt petition is filed. The order of this court dated 26th November 2008 in Writ Petition No. 4172/2004 as produced has been complied. There is no compliant regarding this petition is necessary for taken action against respondent nos 1 and 2 who are representing the Educational institutions for non-payment of the difference. 2. In my consider opinion, such non payment would not contempt of the order as order of this court is duly complied. However, execution of the order passed by the Deputy Director Education is remained. In this circumstances, the petitioner is directed to avail appropriate remedy. Date : 28.08.2009 ( P.R.BORKAR, J) MTK/ cp 280 /2009.