← Library
Bombay High CourtWP/1719/2018disposed off

Pallavi Mohan Angolkar v. The Secretary State Of Maharashtra And 8 ORS.

2018-04-16Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice B.R. Gavai2 pages

YBG 46-os-wplod-2869com

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2869 OF 2017 Dharmpal B. Marchande ..

Petitioner

Versus

Secretary, State of Maharashtra Education and Ors.

..

Respondents WITH WRIT PETITION ST.NO.3717 OF 2017 Mrs. Nilima Sadashiv Pawar ..

Petitioner

Versus

Secretary, State of Maharashtra Education and Ors.

..

Respondents WITH WRIT PETITION ST.NO.3725 OF 2017 Pallavi Mohan Angolkar ..

Petitioner

Versus

Secretary, State of Maharashtra Education and Ors.

..

Respondents Mr. N.V.Bandivadekar with Sunil Dighe for petitioners in all petitions Mr. Kedar Dighe, AGP for State - respondent Nos. 1 to 5 and 8 in W.P.Lod.3725 of 2017 Ms. Jyoti Chavan AGP for State in respondent Nos. 1 to 3 and 7 in W.P.Lod.2869 of 2017 and for respondent Nos. 1 to5 and 8 in W.P.Lod. 3717 of 2017.

CORAM : B.R. GAVAI & SMT. BHARATI H. DANGRE JJ DATE : 16th April 2018 OPERATIVE PART:

For the reasons recorded separately, these petitions are

YBG 46-os-wplod-2869com allowed. Rule is made absolute by quashing and setting aside the orders dated 10th August 2017 passed by the Auditor Cum Accounts Officer, thereby holding that the petitioners are not entitled to the benefit of revised fixation of pay scales as per VI pay commission, in view of Government Resolutions dated 3rd april 2003 and 13th August 2009.

2] The re-fixation of salaries/ pension payable to the petitioners shall be made within a period of six weeks from today. If any recoveries are made from the petitioners on the basis of the order dated 10th August 2017, such recovered amounts would be paid back to the petitioners within three months. If any of the petitioners are entitled for any arrears on the basis of this order, the same shall be paid within six months from today.

2] At this stage, Mr. Dighe, learned AGP prays for stay of the order passed by this court for a period of four weeks from today. Taking into consideration the view that we have taken, the prayer for stay is rejected.

(SMT.BHARATI H. DANGRE, J) (B.R.GAVAI, J.)