Shaikh Abdul Aleem Mohammad Hakeem And Others v. The Union Of India Through Its Chief Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8375 OF 2022 SHAIKH ABDUL ALEEM MOHAMMAD HAKEEM AND OTHERS

VERSUS

THE UNION OF INDIA THROUGH ITS CHIEF SECRETARY AND OTHERS (Board dt.17.08.2022) ...

Advocate for the Petitioners : Shri M.N. Shaikh h/f Shri Kazi S.S.

AGP for Respondents 2, 3, 4 and 8 : Shri S.K. Tambe Advocate for Respondent 1/UoI : Shri Ravi R. Bangar ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATE :- 19th August, 2022 Per Court :- 1.

Deficit court fees of Rs.750/- shall be paid within two weeks.

2.

The learned counsel appearing for the respective parties agree that these Petitioners before us are identically placed with the petitioners in Writ Petition No.8156/2022 (Bhaiyasaheb Jijabrao Ahire vs. Union of India and others) along with a group of petitions decided by the common order dated

*2* 18.08.2022.

3.

Since the Petitioners are identically placed and the cause of action is also identical, that we are of the view that the directions issued in Bhaiyasaheb Jijabrao Ahire (supra) could be made applicable to all these Petitioners.

4.

In view of the above, this Writ Petition is disposed off with the following directions:- a) The petitioners would prepare their calculations as regards the arrears as well as the salary structures and submit the same to the Deputy Director of Education, Aurangabad, within 30 (thirty) days from today.

(b) The Respondents/authorities shall collect similar data from other similarly situated Petitioners/candidates, who have/have not approached the Court and the collection of such data would be completed by 30.11.2022.

(c) Thereafter, the Respondents shall conduct the verification exercise by comparing the data received from the candidates/Petitioners and the data prepared by their own departments and then confirm the records as regards the payscales of these candidates/Petitioners and the arrears of amount they have to be paid. This exercise will be concluded by

*3* 15.01.2023.

(d) Pursuant to the above, the payment of the arrears would be commenced and would be concluded by 31.03.2023. (e) In those cases, which are undisputed as on date, the Respondents agree to commence their regular monthly salary within 30 days.

(f) Needless to state, after the above exercise is completed, if any of the Petitioners or similarly situated candidate/s is/are aggrieved by the calculations and the amounts paid, they would be at liberty to avail of a remedy as may be permissible in law.

kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)