Madhuri Jagannath Patil v. The Union Of India Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 366 WRIT PETITION NO.11148 OF 2022 PANKAJ CHANDRAKANT PATIL THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS 380 WRIT PETITION NO.11173 OF 2022 MADHURI JAGANNATH PATIL 389 WRIT PETITION NO.11183 OF 2022 ARUNKUMAR RAMANLAL JAISWAL 391 WRIT PETITION NO.11185 OF 2022 GANESH PUNA SHIRSATH 1 WRIT PETITION NO.11271 OF 2022 PRAVIN BHARAT PATIL 2 WRIT PETITION NO.11280 OF 2022 JAGANNATH VITTHAL PATIL

-23 WRIT PETITION NO.11346 OF 2022 SANJAY MADHUKAR PATIL 4 WRIT PETITION NO.11356 OF 2022 NITESH PANDITSING JOHARI 5 WRIT PETITION NO.11361 OF 2022 GAUTAM VIJAY SAMUDRE 6 WRIT PETITION NO.11363 OF 2022 YOGESH DAULAT MALI 7 WRIT PETITION NO.11397 OF 2022 SIDDHESH VITTHAL SONAWANE 8 WRIT PETITION NO.11398 OF 2022 ADHIKAR SURESH DHANGAR 9 WRIT PETITION NO.11399 OF 2022 GIRISH AMBAR MAHALE THE UNION OF INDIA THROUGH ITS SECRTARY AND OTHERS

-310 WRIT PETITION NO.11400 OF 2022 PANKAJ BHATURAO MAHAJAN Advocate for Petitioner : Ms. Kazi Sabahat T. AGPs for Respondent Nos. 2 to 4: Mr. S.G. Sangle, Mrs. R.P. Gour, Mr. S.G. Karlekar and Mr. S.K. Tambe.

Advocates for Respondent No.1 Union of India : Mr. A.G. Talhar, Mr. B.B. Kulkarni, Mr.S.W. Munde, Mr. A.T. Jadhavar, Mr. D.B. Gaikwad, Mr. R.B Bagul and Ms. Nikita Gore.

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CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 16th NOVEMBER, 2022.

PER COURT :- 1.

The petitioners in all these matters are identically placed. The writ petition Nos. 12271 of 2022, 11280 of 2022, 11346 of 2022, 11356 of 2022, 11361 of 2022, 11363 of 2022, 11397 of 2022, 11398 of 2022, 11399 of 2022, 11400 of 2022 were not on board. Being identical, these matters are taken on board on the request of the learned advocate for the petitioners who has filed all these matters. 2.

In identical matters, involving identically placed petitioners, this Court has passed an order on 29.09.2022, in writ petition No. 9927 of 2022 filed by Bhausaheb Popat Patil vs. Union of India and others, and connected matters. The learned advocate for the petitioners submits that, for the reasons recorded in the said order

-4and the directions issued, these petitions can also be disposed off with the same directions. It is pointed out that similar orders were passed on 30.9.2022, in writ petition No. 9686 of 2022, filed by Shaikh Rashid Shaikh Ibrahim Manyar vs. The Union of India and others and connected matters and on 18.8.2022 in writ petition No. 8156 of 2022 filed by Bhaiyasaheb Jijabrao Ahire vs. Union of India and others and connected matters.

3.

In view of the above and for the reasons recorded in the case of Bhausaheb Popat Patil (supra), Shaikh Rashid Shaikh Ibrahim Manyar (Supra) and Bhaiyasaheb Jijabrao Ahire (supra), these petitions are disposed off with the same directions which are reproduced here under:- A) The ready reference chart of calculations produced in these petitions at the last page with the title "izi=&c" contains the calculations of the petitioners and refers to their arrears as well as the salary structures / fixation. These calculations would be considered by the Deputy Director of Education, Nashik.

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 30.12.2022.

C) Thereafter, the respondents shall conduct the verification exercise by comparing the data received from the

-5candidates/ petitioners and the data prepared by their own departments and then confirm the records as regards the pay-scales of these candidates/ petitioners and the arrears of amount they have to be paid. This exercise will be concluded by 28.02.2023.

D) Pursuant to the above, the payment of the arrears would be commenced and would be concluded by 30.04.2023. 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.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/