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Bombay High CourtWP/1941/2017rejected

Dr. Surekha Rajesh Khade v. The State Of Maharashtra Through Assistant Govt. Pleader And ORS

2019-09-04Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 5 WP 1941-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1941 OF 2017 Dr.Surekha Rajesh Khade .. Petitioner

Versus

The State of Maharashtra .. Respondents ...

Ms.Preeti Walimbe for the petitioner.

Mr.K.S. Thorat, AGP for respondent no.1.

Mr.Ram Apte, Sr. Advocate I/b J.G. Aradwad (Reddy) for respondent nos.2 and 3.

CORAM: PRADEEP NANDRAJOG, C.J.

AND BHARATI DANGRE, J.

DATED : 4th SEPTEMBER, 2019 P.C:- Having heard learned counsel for the parties, we express our inability to grant any relief to the petitioner for the reason the first grievance pertains to the replacement pay scale ₹ 5000-11300 instead of pay scale ₹ 5500 - 9000 with effect from 1/1/1996. There is no material placed as to in what manner the petitioner makes such a claim. Because there is no effective pleading in the writ petition, the response is equally vague. Tilak

2/2 5 WP 1941-17.doc Entitlement of the petitioner to be placed in the appropriate pay scale on rendering 12 years service would depend as to what would be the petitioner's entitlement qua the replacement pay scale with effect from 1/1/1996. Thus, we reject the petition on account of not disclosing a proper cause of action and since the petition is rejected, it would not preclude the petitioner to file a fresh petition disclosing a proper cause of action and seeking relief as prayed in the instant petition.

SMT. BHARATI DANGRE, J CHIEF JUSTICE Tilak