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2018 (6) TMI 1564 - HC - Indian LawsNon-payment of the salary of staff of the petitioners institutions - petitioners were told to file an undertaking that upon receipt of the amount from the State Government, they shall first disburse the salaries of their staff before clearing any other claims - defeating the legitimate dues of the teachers - Held that:- It is not for this court to express any opinion on whether the amount, which is brought in this court, can be taken away by the Management or can the State Government be permitted to adjust the same towards its other dues or the amount as such constitutes the dues of either the Department of Income Tax or the secured creditors to whom, admittedly, the petitioner says, it owes certain money. Equally, we find that merely because an undertaking is given to this court in this writ petition and the amount is brought in this court and from which appropriations and adjustments will now be made does not mean the legal and statutory powers and rights of those, who are not before this court, cannot be adversely affected. These rights cannot be said to be prejudiced, much less adversely by any order in these petitions. Since the amount has now been credited to the account of the State of Maharashtra and the account of this court in the RBI is now debited, as is clear from the certificate tendered today, let the State Government retain that sum till 5th July, 2018 with it without making any adjustment or appropriation towards its outstanding dues nor it should remit the same to the Management - matters placed on 5th July, 2018.
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