Ramakant R Dubey v. Shri Kedar N. Dubey(President) Amar Jyoti Education Society And ORS

rng 1/2 18-cp409.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 409 OF 2016 Ramakant R.Dubey...

.. Petitioner vs 1.Kedar N.Dubey President Amar Jyoti Education Scty & ors..

Respondents ----------- Mr.Sunil Dighe for Petitioner Mr.Rajesh.S.Datar for Respondent no.2 Ms.Vaishali Nimbalkar Asst.Govt Pleader for Respondent nos.4 to 7.

Mr.Sheshrao Bade Education Officer (Secondary) Zilla Parishad Thane present in person _____ CORAM: S.C.GUPTE, J DATE: 12.6.2018 & 13.6.2018 P.C.

1.

By an order dated 24.4.2018 passed in contempt petition, a statement of the learned Assistant Government Pleader to the effect that the competent authority shall verity the computation of arrears payable to the petitioner and submit a report was recorded by this Court. The competent authority has carried out the exercise and submitted a report dated 5.5.2018. It is the contention of the petitioner that there is a minor error in the calculation in so far as increment w.e.f. 1.7.2007 is concerned. Learned counsel submits that in 2007, the petitioner has completed

rng 2/2 18-cp409.16 12 years of service and accordingly he was entitled to a special increment in accordance with the applicable rules. Learned counsel submits that this has not been taken into account while calculating the dues payable to the petitioner.

2.

The learned AGP assures the Court that this aspect will be looked into by the competent authority and the computation shall be corrected, if necessary. So also, the learned AGP assures the Court that approval to the post of peon which has existed since 1995 shall be considered expeditiously by the department and issued on its own merits within a period of four weeks from today. 3.

After this computation is scrutinized and corrected, if necessary, in accordance with these directions, the amount shall be disbursed to the petitioner within a period of eight weeks after the computation is finally scrutinized and corrected. 4.

With these directions, the Contempt Petition is disposed of.

(S.C.GUPTE,J)