Gokarna Sharadrao Telgote v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:21106-DB 9553.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 9553 OF 2024 SMT. GOKARNA SHARADRAO TELGOTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Ms Smita R. Kasture, Advocate h/f Mrs Maya Jamdhade, Advocate for Petitioner Mr V. M. Kagne, A.G.P. for Respondent No.1 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 5th September, 2024 PER COURT:

1.

We have considered the submissions of the learned Advocate representing the Petitioner. The Petitioner is 78 years old. The Petitioner desires that the pay band (wrongly typed as pay 'bond' in the prayer clauses) and the pay-scale should be settled by the Zilla Parishad, effective from 1986. Further pay band should be made effective from 1996.

2.

The Petitioner has been appointed on 04/06/1968 in the 'Kendriya Primary School', Parbhani and she has retired on

9553.24wp (2) 01/12/2004. The Petition is filed on 23/07/2024. We have perused the pleadings set out in the Petition from Paragraph Nos.1 to 8 and the Grounds (i) to (v), as have been canvassed. There is no pleading, as to why the Petitioner, who joined the employment on 04/06/1968, did not raise any grievance about the alleged wrongful pay fixation in 1986. The claim put forth w.e.f. 1996 is based on the foundation that the claim for the pay fixation from 1986, was a sustainable claim. A claim of 1986, being raised in 2024, after 38 years, would surely constitute an unjustified and inordinate delay. More so, in the backdrop of there being no pleadings at all in the memo of the Petition as to why the claim should be entertained at this stage.

3.

This Writ Petition is, therefore, dismissed.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk