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Bombay High CourtCONPW/46/2019

Pramod R Arolkar And 57 Others v. State Of Maharashtra And 9 Others

2020-03-02Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. S. Karnik2 pages

34.conpw 46.19.doc Urmila Ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 46 OF 2019 IN WRIT PETITION NO. 77 OF 2007 Pramod R.Arolkar and ors.

.. Petitioners Vs.

State of Maharashtra and ors.

.. Respondents Mr.Vaibhav Jagdale, for Petitioners.

CORAM : NITIN JAMDAR & M. S. KARNIK, JJ.

DATE : 2 MARCH, 2020 P. C. :

.

This Contempt Petition is filed by 58 Petitioners who were working with the Respondents - Public Works Electrical Department. They had filed the proceedings in the Maharashtra Administrative Tribunal challenging the orders passed by the Respondents seeking to recover certain amounts from the Petitioners. The Administrative Tribunal by order dated 29 September 2006 dismissed the Original Applications. The Petitioners thereafter filed Writ Petition which was allowed by judgment dated 12 July 2018 and the recovery of excess amount was quashed.

2.

Learned Counsel for the Petitioners submits that the Respondents have now released the amounts as per Exhibit 'B' annexed

34.conpw 46.19.doc to the affidavit dated 1 October 2019 filed by Executive Engineer. He states that however the part of the amount due to one of the Petitioners Shri C.M.Vajrekar has not been paid. 3.

We have to keep in mind that Petitioners have invoked contempt jurisdiction and it is in this context the matter has to be looked into. Substantial compliance has been made and now only part of the grievance of one of the Petitioners out of fifty eight remains. For this purpose, we are of the opinion that suitable direction can be issued to resolve the dispute and it is not necessary to keep the Contempt Petition pending.

4.

The Petitioner Shri C.M. Vajrekar will attend the office of the Executive Engineer, South Mumbai Electrical Department, Public Works Department, Bandkam Bhavan, Marzban Road, Fort within a period of one week from today. He will produce the necessary documentation in respect of his claim which is stated to be partly granted. The Executive Engineer accordingly will take necessary steps after examining the documents within a period of two weeks thereof. 5.

Contempt Petition is accordingly disposed of. 6.

All parties to act on authenticated copy of this order. [M. S. KARNIK, J.] [NITIN JAMDAR, J.] Urmila P.

Ingle by Urmila P.

Ingle Date:

2020.03.05 15:13:19 +0530