Chandrabhaga Ramchandra Nadgire And Others v. Suman Rawat And Others

1 CP 99 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Contempt Petition No.99 of 2015 In Writ Petition No.2363 of 2013 Chandrabhaga Ramchandra Nadgire And Others.

.. Petitioners.

Versus

Suman Rawat & Others.

.. Respondents.

---- Shri. V.B. Deshmukh, Advocate, for petitioners. Shri. A.A. Nimbalkar, Advocate for respondent No.1. ---- Coram: T.V. NALAWADE & SUNIL K. KOTWAL, JJ.

Date: 22 January 2018 ORDER:

1) The petition is filed for taking action of contempt of court against the respondent, namely, Zilla Parishad for not complying with the order made by this Court in Writ Petition No.2363/2013. This Court had given direction to Zilla Parishad to decide the representations within 3 months from the date of the order. Both the sides are heard.

2 CP 99 of 2015 2) The learned counsel for the Zilla Parishad tendered unconditional apology for Zilla Parishad by making statement that as per the order the representations were not decided within 3 months. He also admitted that in the affidavit filed by its officer, Deputy Education Officer (Primary) in the past dated 6-92015 some mistakes were committed and they were corrected subsequently and such affidavit is filed on the record.

3) The learned counsel for the Zilla Parishad submitted that after considering the Government Resolution dated 2-9-1989, the Zilla Parishad has fixed the pay and has put all the petitioners in the pay scales after considering the guide-lines given in the said Government Resolution. He submitted that unless and until 12 years service is completed in one scale of pay, the employee does not get higher pay scale like Senior Grade pay scale and then Selection Grade pay scale. His submissions show that in the year 2016 itself decision was taken by the Zilla Parishad though not within the period fixed by this Court. The learned counsel for the petitioners submitted that this

3 CP 99 of 2015 decision was not intimated. Copy of service book is produced on the record and so the contentions made for the petitioners in that regard cannot be accepted. The petitioners must be getting higher scale of pay which came to be granted in the year 2016. If the petitioners have any grievances in respect of fixation of their pay, the petitioners may file appropriate proceeding in that regard. The contempt petition is disposed of.

Sd/- Sd/- (SUNIL K. KOTWAL, J.) (T.V. NALAWADE, J.) rsl