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Bombay High CourtWP/13108/2022disposed off

Dinesh Hilal Borase v. The Union Of India Through Its Secretary And Others

2022-12-20Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13108 OF 2022 DINESH HILAL BORASE

VERSUS

THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner :Mr. A. R. Syed h/f Smt. Kazi Sabahat T. AGP for Respondents/State: Mr. S. G. Karlekar Advocate for Respondent/UOI: Mr. B. M. Dhanure ...

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

DATE : 20th December, 2022 PER COURT :

1.

The learned Advocates representing the litigating parties before us, submit that, in identical set of facts, this Court has passed an order dated 29.09.2022, in Writ Petition No.9927/2022, filed by Bhausaheb Popat Patil Vs. The Union of India & Others [a group of cases]. A similar group was subsequently decided vide order dated 30.09.2022, in Writ Petition No.9686/2022, filed by Shaikh Rashid Shaikh Ibrahim Manyar Vs. The Union of India & Others [a group of cases]. Another group of cases were also decided vide order dated 18.08.2022, in Writ Petition No.8156/2022, filed by Bhaiyasaheb Jijabrao Ahire Vs. The Union of India & Others [a group of cases]. This Court has, thereafter, passed several orders in identical set of facts.

2.

We have perused the compilation of the orders passed by this Court, produced by the learned Advocate for the petitioner. Since the present petitioner is identically placed, we deem it appropriate to issue the same directions.

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), this petition is 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 petitioner and refers to his arrears as well as the salary structures / fixation. These calculations would be considered by the respective Deputy Directors of Education. B) The respondents/ authorities shall collect similar data from other similarly situated petitioner/candidate, who have/ have not approached the Court and the collection of such data would be completed by 31.01.2023.

C) Thereafter, the respondents shall conduct the verification exercise by comparing the data received from the candidate/petitioner and the data prepared by their own departments and then confirm the records

as regards the pay-scales of the candidate/petitioner and the arrears of amount he has to be paid. This exercise will be concluded by 31.03.2023.

D) Pursuant to the above, the payment of the arrears would be commenced and would be concluded by 31.05.2023. 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.) Sameer