Jalgaon Sahar Mahanagar Palika Seva Nivrutta Prathamik Shikshak Sangh Through Its President v. The State Of Maharashtra Through The Principal Secretary And Others

1008-WP-1948-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1008 WRIT PETITION NO. 1948 OF 2024 Jalgaon Sahar Mahanagar Palika Seva Nivrutta Prathamik Shikshak Sangh Through Its President ....Petitioner

VERSUS

The State of Maharashtra Through The Principal Secretary And Others .....Respondents .....

Mr. Shelke Shivaji T., Advocate for the Petitioner Ms. Vaishali S. Chaudhari, AGP for the Respondents - State Mr. L. V. Sangit, Advocate for Respondent Nos.5 and 6 .....

CORAM

:

R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :

10.07.2025 PER COURT :

1.

The Petitioner is the Association of the retired teachers of the Jalgaon City Municipal Corporation. They are seeking directions to the Respondent Nos.5 and 6 for making the payment of difference amount of 7th Pay Commission.

2.

It is submitted by the learned Advocate for the Petitioner that, Respondent Nos.5 and 6 have adopted the 7th Pay Commission. He submits that, the State Government by the Government Resolution dated 02/08/2019, revised the pay scale as per 7th Pay Commission for the teaching and non-teaching staffs of the Primary Education Department of the Municipal Corporation / Nagar Panchayats. He submits that, the 50% contribution is being paid by the State Government and remaining 50% is to be paid by

1008-WP-1948-2024.odt the concerned Corporation. He submits that, Respondent Nos.5 and 6 have paid three [3] installments and now, two [2] installments are remaining. He submits that, the balance amount from Respondent Nos.5 and 6 comes to Rs.3,65,10,024/-. He submits that, necessary directions may be given. 3.

The learned Advocate appearing for Respondent Nos.5 and 6 invites our attention to the affdavit-in-reply. He submits that, the Corporation has paid three [3] installments as shown in the affdavit-in-reply. He submits that, two [2] installments are remaining to be paid and now, the remaining amount comes to Rs.2,89,52,259/-. He submits that, due to the poor fnancial position of the Corporation, there is a delay in paying the remaining amount since the Corporation is a 'D - Class' Corporation having limited source of income. He submits that, the remaining balance amount would be paid as and when the funds are available.

4.

After hearing both the sides and on going through the papers on record, it is clear that, the Petitioner - Association are already paid three [3] installments of the 7th Pay Commission and two [2] installments are not paid. Hence, we direct Respondent Nos.5 and 6 to pay the remaining amount towards arrears of 7th Pay Commission, within a period of six [6] months from today. The frst installment shall be paid within a period of three [3] months from today and the second last installment shall be paid within a period of next three [3] months. Writ Petition stands disposed off accordingly.

[NEERAJ P. DHOTE, J.] [R. G. AVACHAT, J.] Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 11/07/2025 17:08:47 Sameer/July-2025