Ms. Durga Anup Nandi & Ors. v. Prerna Education Trust & Ors.

Ms. Durga Anup Nandi & Ors. ... Petitioners Vs. Prerna Education Trust & Ors. ... Respondents Mr. P.D. Dalvi for the petitioners. Ms. M.P. Thakur, A.G.P. for the State. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 7TH AUGUST, 2009. P.C.:-

The petitioners are trained graduate teachers. They are working in Pet Oxford High School, Punjabi Colony, Ulhasnagar, Thane. The petitioners’ prayer is that respondents 1 and 2 i.e. Prerna Education Trust and Head Mistress, Pet Oxford High School, Ulhasnagar, Thane be directed to fix their pay scale in accordance with the AJN 2 provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, “the MEPS Act”) and Rules framed thereunder.

We have heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents.

Learned counsel for respondents 1 and 2 states that respondents 1 and 2 will fix the pay scale of the petitioners in accordance with the MEPS Act and Rules framed thereunder and after the fixation of pay scale, payment of salary will be made to them within a period of eight weeks. This statement is accepted.

We are informed that the earlier Division Bench has imposed costs of Rs.5,000/- on respondent 4 because affidavit in reply is not filed. Application for review is filed by respondent 4. Needless to say that once the appropriate order is passed on the said application, the AJN 3 4th respondent will abide by it. In view of the statements made by learned counsel for respondents 1 and 2, which we have accepted, the petition does not survive and is disposed of as such. [SMT. RANJANA DESAI, J.]

[A.A. SAYED, J.]