Kolhapur Mahanagar Palika And ANR. v. The State Of Maharashtra And ORS.

903-ASWP6108-10.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6108 OF 2010 Kolhapur Mahanagar Palika & Anr

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

Mr Suresh S Pakale, i/b Shankar Katkar, for the Petitioners. Mr VM Mali, AGP, for Respondents Nos. 1 & 2-State. Mr SS Patwardhan, for Respondent No. 3.

CORAM: S. C. Dharmadhikari & G. S. Patel, JJ.

DATED: 18th September 2019 PC:- 1.

By this Writ Petition under Article 226 of the Constitution of India, the Writ Petitioners who are an Association of retired employees in the service of Municipal Corporation, namely, Kolhapur Municipal Corporation are claiming arrears of the payscale and which is a revised pay scale as per the recommendations of the 5th Pay Commission. The arrears are claimed for the period from 1st January 1996 to 30th September 2001. 2.

The Writ Petition itself is filed after the Petitioners realised that their members are deprived of these arrears. However, this Writ 18th September 2019

903-ASWP6108-10.DOC Petition is filed on 20th July 2010. There is absolutely no cause much less a reasonable one shown for this enormous delay. 3.

We do not think that the members of Petitioner No. 1 - Association can be assisted in writ jurisdiction when their claims are barred by delay and latches. On that ground alone, the Writ Petition is dismissed. There will be no order as to costs. (S. C. DHARMADHIKARI, J) (G. S. PATEL, J) 18th September 2019