Shri. Milind Shivaji Sandhan v. The State Of Maharashtra And Others.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5428 OF 2011 Milind Shivaji Sandhan .... Petitioner Vs.

The State of Maharashtra & Others .... Respondents WITH WRIT PETITION NO.5429 OF 2011 Sunil Babanrao Takawale .... Petitioner Vs.

The State of Maharashtra & Others .... Respondents Mr. M.L. Patil for the Petitioner in both petitions. Mr. S.B. Kalel, AGP, for the Respondent-State in both petitions.

Mr. Dilip Bodake for Respondent No.4 in both petitions.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : JULY 04, 2018 P.C:

1.

The writ petitioners seek the following relief:- "(b) The Hon'ble court be pleased to issue a Writ of Jagdish Sajnawat Date: 2018.07.09 13:07:48 +0530 Suresh Jagdish Sajnawat

Mandamus and/or any other writ, order or direction in the nature of writ ordering and/or directing the Respondents to grant the B.Ed. Scale to the petitioner w.e.f. 11.06.2001 together with arrears of salary and consequential benefits." 2.

During the pendency of these writ petitions and in terms of an affidavit filed by the Management, it is evident that the petitioners have obtained the requisite pay-scale post up-gradation. However, they desire that it should be reckoned from a prior date and as stipulated in the above prayer. We do not see how we can grant this relief in the petitions which are brought in this Court on 5-4-2011. If the petitioners seek grant of B.Ed. pay-scale with effect from 11-06-2001 and the difference/differential salaries, then such a relief is clearly barred. It is barred by delay and laches. Merely because the petitioners are employees, we cannot entertain such petitions when there is no explanation for such an enormous delay, in the sense the petitioners should be satisfied with the up-gradation and granted by the Management. That we do not wish to take away and will be continued to be admissible to the petitioners. In the circumstances, the writ petitions are disposed of in the

light of the statement made on oath by respondent No.4. (SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)