Ramnath Shivram Sawant v. Sanjivkumar And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.560 OF 2013 IN W.P.NO.6517 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.K.M.Nagarkar, advocate for the petitioner. Mr.G.K.Naik Thigle, Addl. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 27.01.2015.

PER COURT :

1.

Heard.

2.

Mr. Nagarkar, learned counsel submits that inspite of the orders of stay granted by this Court restraining the Respondents from recovering the amount, the Respondents are recovering the amount by reduction in the pay-scale. According to the learned counsel, after the order is passed by this Court in Writ Petition, the Respondents do not have any right to reduce the pay-scale. 3.

We have heard the learned Addl. Govt. Pleader for the Respondents. Learned Addl. Govt. Pleader submits that the Respondents are not effectuating any recovery from the salary which is already paid, however, are adhering to the Government

Resolution of paying the pay-scale for which there is no interim order.

4.

We have considered the submissions canvassed by the learned counsel for respective parties. This Court while granting interim order in W.P.No.6517/2012 have made a specific observation stating that the Court is not granting any ad-interim relief at the said stage regarding the pay-scale which is already reduced. However, the Respondents are restrained from making any recovery on the basis of the impugned order dated 27.6.2012. 5.

A specific statement is made in the affidavit-in-reply that no amount from the salary previously paid is recovered. 6.

In light of that, nothing remains in the Contempt Petition. The Contempt Petition is disposed of.

7.

Place the Writ Petition for admission on 18.2.2015. (V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..27.01.2015.

asp/office/Cp560.13