Vilas Sidram Ardhapure v. The State Of Maharashtra And Others

2025:BHC-AUG:34390-DB 1 82.WP.3881.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3881 OF 2019 WITH WRIT PETITION NO. 15426 OF 2019 VILAS SIDRAM ARDHAPURE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Kodale Vikas G. AGP for Respondents: Ms. R.P. Gour Advocate for Respondents : Mr. T.G. Gaikwad ...

CORAM

: KISHORE C. SANT AND ABASAHEB D. SHINDE, JJ.

DATE : 08.12.2025 PER COURT:

1.

This is a second round of litigation. The petitioner was required to approach this Court by filing Writ Petition No.9867/2017 seeking directions to the respondent to fix the pay scale of the petitioner. This Court by order dated 23.01.2018 was pleased to direct the respondent No.4 (respondent No.2 therein) to give hearing to the parties within four months and to take decision

2 82.WP.3881.19.odt about the pay scale and quantum of the amount to be payable to the petitioners. However, even thereafter it appears that nothing was done. However, no heed is paid and therefore the petition is filed again.

2.

It is the case of the respondent that while deciding the pay scale, the respondent No.4 had not given opportunity of hearing to the Management and the Trust and, therefore, the Management has filed Writ Petition No.15426/2019 and the petitioner is required to file Writ Petition No.3881/2019. We find it appropriate to dispose of the writ petition with direction to respondent No.4 to decide the pay scale by giving opportunity of hearing to the Management that is present respondents No.2 and 5 i.e. Management and the Principal. The respondent No.4 shall conduct a hearing on 22.12.2025 the parties to appear without fail. The respondent No.4 to consider all the contentions of the petitioners as regard back wages, retiral benefit, etc. The party which fails to appear before the respondent No.4 shall not be allowed to raise the point of not giving opportunity thereafter. The respondent No.4 to take decision within four (4) weeks thereafter on the pay scale. The contentions of the parties are kept open. The order dated 02.05.2018 issued by respondent No.3 is quashed and set aside.

3 82.WP.3881.19.odt 3.

In view of the above, both the writ petitions stand disposed of.

(ABASAHEB D. SHINDE, J.) (KISHORE C. SANT, J.) habeeb/