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Bombay High CourtWP/1139/2016disposed offdismissed for default

Gajanan Vithoba Gaikwad And Others v. The Union Of India And Others

2017-11-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Smt. Justice Vibha Kankanwadi4 pages

1 W.P.No.1139/16

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.1139 OF 2016 Gajanan S/o Vithoba Gaikwad and others.

... Petitioners.

Versus

The Union of India through its Secretary, Ministry of Finance Affairs, New Delhi and others.

... Respondents.

...

Mr.A.M.Nagarkar, advocate for the petitioners. Mr.S.W.Munde, A.G.P. for the State.

Mr.P.B.Paithankar, advocate for Respondent No.6. Respondent Nos.3 to 5, 7 to 9 served.

...

CORAM : S.V.GANGAPURWALA AND SMT.VIBHA KANKANWADI,JJ.

Date : 02.11.2017.

PER COURT :

1.

Mr.Nagarkar, learned counsel submits that the petitioners are ex-servicemen. Upon their retirement from service, they are re-

2 W.P.No.1139/16 employed with Respondent-bank. The pay fixation has to be done as per the guidelines laid down. The same is not done. The last pay drawn as an employee of defence is not considered by the Bank while fixing their pay-scale.

2.

Mr.Paithankar, learned counsel submits that the Bank has fixed the pay strictly in accordance with the guidelines. No error is committed by the Bank in fixing the pay-scale. It is undisputed that the guidelines for pay fixation of ex-servicemen re-employed in Public Sector Banks on or after 1.1.2006 is prescribed and the same is annexed at page 43.

3.

It appears that the petitioners have given representations (page 35 and page 17) to the authorities.

4.

The details required for determining the said pay-scale are not before this Court. As such it would not be possible for this Court to embark upon the validity of the pay-scale accorded to the petitioners.

3 W.P.No.1139/16 5.

As representations are already given to the Bank (page 35 and page 17), the competent authority of the Bank shall decide the same expeditiously, preferably within four (4) months. 6.

The Writ Petition is disposed of. No costs.

(SMT.VIBHA KANKANWADI,J.) (S.V.GANGAPURWALA,J.) asp/office/wp1139.16

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