Sou. Dhanshree Raosaheb Patil Nee Kumari Bharati Nabhiraj Patil v. The Deputy Director, Secondary Education, Kolhapur Division And ORS.

907_wp_12242_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12242 OF 2015 Sou. Dhanshree Raosaheb Patil nee Kumari Bharti Nabhiraj Patil

...Petitioner

Versus

The Deputy Director, Secondary Education, Kolhapur Division, Kolhapur & Ors.

...Respondents

...

Ms Leena Patil i/b. Mr. Sachin Gite for the Petitioner. Mr. V.M. Mali, A.G.P. for the Respondent -State. Mr. Mahesh Jagannath Chothe, Education Officer, Sangli is present. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 8th JULY, 2016.

P. C. :

Heard Ms Patil, the learned counsel appearing for the Petitioner and Mr. Mali, the learned A.G.P. for Respondent Nos. 1 to 4. Mr. Mahesh Chothe, Education Officer, Sangli is personally present. 2.

The statement was made across the Bar that Respondent No.5 is a private party and therefore, its presence is not necessary for the disposal of the petition.

3.

By this petition, the Petitioner is seeking directions to the Respondents to grant her pay scale of Rs.365-760 w.e.f. 10/10/1983 Megha 1/2

907_wp_12242_2015.doc i.e. from her date of appointment as Full-time Librarian till 31/12/1985 and thereafter to grant pay scale of Rs.1400-2600 w.e.f. 1/1/1986 and thereafter to revise the same as per the fifth and sixth Pay Commission implemented by the State of Maharashtra. 4.

The learned counsel for the Petitioner submits that the issue involved in the present petition is squarely covered by a decision of Sadanand Pandurang Mali Vs. Dy. Director of Education, Secondary and Higher Secondary Education, Kolhapur & Ors (Writ Petition No.7963 of 2012). The Division Bench of this Court by its order dated 23rd December, 2013 allowed the said writ petition in terms of prayer clauses (i) and (ii).

5.

As a result, we allow this petition in terms of prayer clauses (b), (c) and (d). The benefits in terms of this order shall be released in favour of the Petitioner as expeditiously as possible and in any event within a period of three months from the date of receipt of copy of this this order.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha 2/2