Shri. Rohidas Suryabhan Belge v. The State Of Maharashtra And ORS.

suresh 920-WP-5421.2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5421 OF 2011 Rohidas Suryabhan Belge .... Petitioner Vs.

The State of Maharashtra & Others .... Respondents Mr. M.L. Patil for the Petitioner.

Mr. S.B. Kalel, AGP, for the Respondent-State. Mr. Dilip Bodake for Respondent No.4.

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

DATE : JULY 04, 2018 P.C:

1.

The writ petitioner seeks the following relief:- "(b) The Hon'ble court be pleased to issue a Writ of 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. 11.12.1998 together with arrears of salary and consequential benefits." 2.

During the pendency of this writ petition and in terms of an affidavit filed by the Management, it is evident that Jagdish Sajnawat Date: 2018.07.09 13:07:50 +0530 Suresh Jagdish Sajnawat

suresh 920-WP-5421.2011.doc the petitioner has obtained the requisite pay-scale post up-gradation. However, he desires 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 a petition which is brought in this Court on 5-4-2011. If the petitioner seeks grant of B.Ed. pay-scale with effect from 11-12-1998 and the difference/differential salaries, then, such a relief is clearly barred. It is barred by delay and laches. Merely because the petitioner is an employee, we cannot entertain such a petition when there is no explanation for such an enormous delay, in the sense the petitioner 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 petitioner. In the circumstances, the writ petition is disposed of in the light of the statement made on oath by respondent No.4. (SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)