Dr. Sushama R. Katade v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2059 OF 2016 IN WRIT PETITION NO. 4908 OF 2013 Dr. Sushma R. Katade ...Applicant/Orig. Ptnr.

Vs.

The State of Maharashtra & Ors.

...Respondents

Mr. S.S. Aradhya, Advocate for the Applicant/Petitioner Mr. V. Mali, AGP, for Respondent Nos. 1 & 2 Mr. Ramesh Sawant, Mr. S.V. Pitre, Advocate for Respondent Nos. 3 & 4 Mr. Rajendra A., Advocate for Respondent No.5 CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED : 22ND AUGUST, 2016 P.C. :

Parties through their Counsel. Through this Petition the Petitioner has claimed for payment of arrears of salary and arrears of salary prescribed under the 6th Pay-commission. 2.

Today when the matter came up for hearing the only prayer made by the learned Counsel for the Petitioner to dispose off this Petition by directing the Respondent Nos. 3

and 4 to consider and take appropriate decision in regard to his unpaid salary and the arrears of his salary as prescribed under 6th pay commission.

3.

Having regard to the aforesaid without commenting on the merits of the Petition we dispose of this Petition by giving liberty to the Petitioner to submit detailed representation along with relevant documents before the Respondent Nos. 3 and 4. On receipt of such representation the Respondent Nos. 3 and 4 shall examine and shall take appropriate decision on it in accordance with law as far as possible but not later than 3 months from the date of receipt of such representation. 4.

It has also been stated by the Petitioner through Civil Application that the Petitioner has been terminated from service and against the termination order the Petitioner has filed an appeal before the Maharashtra University Tribunal, but in view of the pendency of this Petition, the University Tribunal is not taking up the matter for final disposal.

5.

Having considered the submissions of the learned Counsel for the parties we also dispose of the Civil Application with direction to the University Tribunal to decide the Petitioner's appeal on its own merits as expeditiously as possible in accordance with law.

6.

Civil Application as also Writ Petition are disposed of accordingly.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)