1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1209 OF 2010. Nagpur Zilla Parishad Prathamik Shikshak -: versus :- Rajendra Tanbaji Satai and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 20, 2010. Heard Shri H.D. Dangre, learned counsel for petitioner, Shri R.N. Deshpande, learned counsel for respondent no.1 and learned A.G.P. for respondent no.2. The controversy can be disposed of finally by following order. 1. The respondent no.1 shall file appropriate affidavit mentioning that he was not gainfully employer anywhere during the period of suspension, with the Registry of this Court by 26.04.2010 with its advance copy thereof for petitioner though its counsel Shri Dangre. 2. After such affidavit is filed, the amount of subsistence allowance i.e. Rs. 1,15,701/- deposited by the petitioner shall be allowed to be withdrawn by respondent no.1. 2 3. For further period, respondent no.1 shall continue to file an undertaking before the Industrial Court on same lines by 10th of each month and petitioner shall deposit the subsistence allowance also by said date with the office of the Industrial Court. If the undertaking is so filed, the office of the Industrial Court shall permit respondent no.1 to withdraw the amount of subsistence allowance. This arrangement shall continue till the suspension of respondent. In view of this, Writ Petition is disposed of with no order as to costs. Certified copy expedited. JUDGE Rgd.