Shinde Anshuman Damaji And ORS v. State Of Maharashtra And ORS

904-WP-9360-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9360 OF 2015 Anshuman D. Shinde & Ors.

..Petitioners

Versus

State of Maharashtra & Ors.

..Respondents.

Mr. Rajaram Deshmukh, Advocate for Petitioner. Mr. Vagyani, A.G. with Mr. Vikas Mali , AGP for the State. Coram : SHANTANU KEMKAR & RANJIT MORE, JJ.

Date : 21st APRIL, 2016.

P. C. :

Heard learned counsel for the Parties. It is not in dispute that the issue involved in these Petitions is similar to the issue involved in Writ Petition No.818 of 2016 pending before the Nagpur Bench of this Court in Shivaji B. Shelgaonkar v. the State of Maharashtra and Others and other bunch of petitions and as also in Writ Petition No.10292 of 2015 pending before the Aurangabad Bench of this Court in the matter of Vijay Dinkar Patil and Others v. State of Maharashtra and Others and other number of Petitions and also in Writ Petition No.945 of 2015 in the case of Jaisingh Hindurao Patil and Others v. State of Maharashtra & Ors.

Shivgan 1/2

904-WP-9360-2015.doc The learned counsel for the Petitioners have pointed out that recently the Nagpur Bench on 13.4.2016 and the Aurangabad Bench on December 21, 2015 have passed interim orders. They have placed on record interim orders passed by these two Benches. The learned AGP has placed on record interim order passed by this Court. We have gone through all the three orders passed by different benches and we are inclined to pass the following order: (I) Keeping in view the orders passed by all the benches from time to time, Rule.

(II) We direct to pay to the Petitioners 50% of the arrears towards salary on or before 21.5.2016 subject to Petitioners' furnishing an Undertaking to the effect that in case, the Petitions fail, the Petitioners will refund the amount within a period of six weeks before the concerned authority from the date of final order. Such an undertaking to be filed within a period of two weeks from today.

(III) The Respondents shall also pay regular salary to the Petitioners whose services are approved and who are working on the sanctioned posts during the pendency of the petitions.

C.C. as per Rules.

[RANJIT MORE, J.] [SHANTANU KEMKAR, J.] Shivgan 2/2