Laxman Babarao Kendre v. State Of Maha And ORS

WP2370.2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2370 OF 2003 Laxman Babarao Kendre .. Petitioner

Versus

The State of Maharashtra and others .. Respondents ---------------- Mr Khan, Advocate h/f Mr P. R. Katneshwarkar, Advocate for the petitioner Mr U. S. Mote, AGP for respondent/State ---------------- CORAM : A.V. NIRGUDE & V.K. JADHAV, JJ.

DATED : FEBRUARY 12TH, 2015 PER COURT :- 1.

Heard learned Counsel for respective parties. 2.

Petitioner was admittedly working as Assistant Teacher in respondent No. 3 - School from 14th June, 1993 to 12th July, 1998. The School was provided salary grants by the Government. In other words, the Government was paying salary to the petitioner. 5th Pay Commission recommendations' were made applicable to salary of the petitioner from 1st January,

WP2370.2003 1996. The petitioner therefore became entitled to arrears of difference from 1st January, 1996 till 12th July, 1998. Despite of demands, the same were not paid. Respondents No. 2 and 3 were under obligation to process petitioner's claim and to do the needful. Despite of filing of this petition, they failed to file reply. 3.

The petition deserves to be allowed and it is accordingly allowed. Rule made absolute to the extent of prayer clause 'B'.

[V.K. JADHAV, J.] [A.V. NIRGUDE, J.] sgp