Sanjay Dhondu Patil v. The State Of Maharashtra And Others

1 cp 456.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 456 OF 2017 IN WRIT PETITION NO. 1379 OF 2015 Sanjay Dhondu Patil .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Avinash S. Deshmukh, Advocate for the Petitioner. Mrs. R. P. Gaur, A.G.P. for Respondents/State. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 06TH OCTOBER, 2017.

FINAL ORDER :

.

The learned Assistant Government Pleader submits that, the order of this Court is complied and the petitioner has been reinstated as per order dated 28.08.2017. As the backwages were not awarded by this Court, the petitioner is not paid salary till 28.08.2017.

2.

This Court under order dated 08.12.2016 in Writ Petition No. 1379 of 2015 had directed the respondents therein to reinstate the petitioner with continuity, however, without backwages. The backwages that are denied to the petitioner would be till the date of order passed or for some reasonable

2 cp 456.17 period for respondents to comply the order. That does not mean that the respondents even after passing of the order by this Court does not comply the order of reinstatement for eight months.

3.

Considering the above, though we are not inclined to take cognizance of the contempt, however, considering that, the order of this Court is complied belatedly and the same should not inure to the benefit of respondents, we pass following order. 4.

The respondents shall pay salary to the petitioner from 01.01.2017. The contempt petition accordingly is disposed of. No costs.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Oct. 17