Vishnu Jadhav And ORS v. The President Hyderabad National Collegiate Board And ORS
Trupti 1 35-wp-7304-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7304 OF 2021 Raju Krishnani and Others ...
Petitioners versus The President, Hyderabad (Sind) National Collegiate Board and Others ...
Respondents WITH WRIT PETITION NO. 7310 OF 2021 Vishnu Jadhav and Others ...
Petitioners versus The President, Hyderabad (Sind) National Collegiate Board and Others ...
Respondents WITH WRIT PETITION NO. 1681 OF 2022 Richa Atlani and Others ...
Petitioners versus The President, Hyderabad (Sind) National Collegiate Board and Others ...
Respondents .......
Ms.Deepali Y. Deherkar for the Petitioners in all Petitions. Mr.Aseem Naphade, Senior Advocate with Mr.Chirag Sarawagi and Ms.Riya Thakkar i/b. Mr.Tushar Goradia for Respondent Nos. 1 to 3-Management Mr.V.M.Mali, AGP for Respondent Nos. 4 to 6-State. .......
TRUPTI SADANAND BAMNE by TRUPTI SADANAND BAMNE Date: 2024.01.15 16:02:45 +0530 CORAM : NITIN JAMDAR & M.M.SATHAYE, JJ.
DATE : 8 JANUARY 2024 P.C.:
Heard the learned Counsel for the parties.
Trupti 2 35-wp-7304-2021.doc 2.
In these three petitions, the Petitioners, 26 employees of Respondent Nos. 1 to 3-Management, are before us making a grievance that they are not being paid salary as per recommendation of 7th Pay Commission. They seek a direction to calculate their arrears as per revised pay scales under 7th Pay Commission from the date they have stipulated in the petitions.
3.
Reply affidavit has been filed on behalf of the State. The learned AGP points out that because of lack of necessary documents from Respondent Nos. 1 to 3- Management, the claim of the Petitioners is not being processed. The learned Counsel for Respondent Nos. 1 to 3- Management states that, according to his instructions, necessary relief has already been extended to 18 employees and for remaining employees, the documentation is under process.
4.
Therefore, what emerges before us is not a dispute regarding Petitioners' entitlement, but the matter of procedural compliances which appear to be taking time. There should be a coordination between the Petitioners, Respondent Nos. 1 to 3- Management and the State Authorities so that necessary relief can be granted to the Petitioners at the earliest.
5.
The Joint Director, Higher Education, Konkan Region will call the representative of the Petitioners and Respondent Nos. 1 to 3-
Trupti 3 35-wp-7304-2021.doc Management with all necessary papers and issue necessary instructions to Respondent Nos. 1 to 3- Management in case papers are lacking and thereafter, proceeded to process files and issue necessary directions regarding claim of the Petitioners. 6.
The learned Counsel for Respondent Nos. 1 to 3Management states that Respondent Nos. 1 to 3-Management will cooperate with the Joint Director and produce all necessary files for processing the proposal. The learned Counsel for the Petitioners states that their representative will remain present as and when called by the Joint Director.
7.
Representative of the Petitioners and Respondent Nos. 1 to 3Management will attend the office of the Joint Director on 18 January 2024. Thereupon, the Joint Director will give further dates. The Joint Director will make an endeavour to complete the entire process and issue necessary directions regarding release of the benefits to the Petitioners within a period of three months from the date the Petitioners appear before the Joint Director, subject to earlier time bound commitments and other urgent public duties. 8.
We again reiterate that Respondent Nos. 1 to 3- Management is under duty to produce all necessary files so that the Joint Director can adhere to the timeline.
Trupti 4 35-wp-7304-2021.doc 9.
The writ petitions are accordingly disposed of. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.)