Mr. Kailas Shriniwas Joshi v. The Headmaster, Mahatma Gandhi Vidyamandirs Janata Vidyalay And Jr. College And ORS.

prod-509-wp-5093-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5093 OF 2016 Kailas Shriniwas Joshi

...Petitioner

vs.

The Headmaster, Mahatma Gandhi Vidyamandir's Janta Vidyalay and Jr. College, Manur and Others

...Respondents

Ms. Indrayani Koparkar, for the Petitioner Mr. Sandeep Babar, AGP for the Respondent-State. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE :

JULY 05, 2017 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Parties through their counsel.

3.

The learned counsel for the parties submits that the question involved in this case has already been answered by the various Division Benches of this Court in various matters including in the case of "Sadanand Pandurang Mali vs. Dy. Director of Education and Ors." in Writ Petition No. 7963 of 2012 vide order dated 23 rd December, 2013 , as also in the case of "Dhanshree Raosaheb Patil nee Kumari Bharti Nabhiraj patil vs. The Dy. Director and Ors." in Writ Petition No. 12242 Vishal Parekar 1/2

prod-509-wp-5093-2016.doc of 2015 vide order dated 8 th July, 2016 and in Writ Petition Nos. 5938 of 1998, 1622 of 2000, 4424 of 2003 and 177 of 2011.

4.

This has also not been disputed by the learned counsel for the parties that the order passed in Writ Petition No. 177 of 2011 along with the companion Writ Petitions were challenged by the Respondent-State before the Hon'ble Supreme Court in S.L.P. (Civil Appeal) No. 9732 of 2012 and the said Appeal was dismissed by the Supreme Court vide order dated 24th January, 2014. 5.

In view of the aforesaid, in terms of the various orders referred to above, we dispose of this Petition directing the Respondents to grant pay scale to the Petitioner from his appointment as "Full-time Librarian" and revise the same as per his entitlement regarding Fifth Pay and Sixth Pay Commission. 6.

The benefits in term of this order be released in favour of the Petitioner as expeditiously as possible and in any event within a period of three months from the date of receipt of copy of this order.

7.

Accordingly the Writ Petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2