Ankush Motiram Gharat v. State Of Maha., Thr. Secretary, Dept. Of Higher And Technical Education, Mumbai And Others
2023:BHC-NAG:17349-DB 1 / 3 28.wp924.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 924 OF 2022 Ankush Motiram Gharat Vs.
State of Maharashtra, Thru. Its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai and Ors.
---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. B.G. Kulkarni, Advocate for petitioner.
Ms. Ritu Sharma, AGP for respondents/State.
CORAM : SMT.ANUJA PRABHUDESSAI, AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : 11.12.2023.
By this petition, under Article 226 of the Constitution of India, the petitioner had sought following reliefs :
"i) by a writ of mandamus or by a suitable writ, order or direction the decision of respondent No.3, the Joint Director of Higher Education, Nagpur, disallowing the claim of the petitioner for the pay scale equivalent to that of a Lecturer from the date of acquiring of M.Lib. degree (26.08.1993) communicated as per letters dated 15.09.2021 and 14.01.2022 (Annexure P-12 and P-19) may kindly be quashed and set aside.
2 / 3 28.wp924.2022 ii) By a writ of mandamus or by a suitable writ, order or direction respondent No.3, the Joint Director of Higher Education, Nagpur be directed to grant and approve the pay scales to the petitioner as per his entitlement with effect from 26.08.1993 as per the chart at Annexure P-20 and to carry out and approve notional pay fixations with effect from 26.08.1993 within a period of 4 weeks from the date of the order. iii) By a writ of mandamus or by a suitable writ, order or direction respondent No.3, the Joint Director of Higher Education, Nagpur be directed to sanction and release arrears of salary to the petitioner with effect from 01.01.2017 as per revised pay fixation within a period of three months from the date of the order."
2.
By order dated 18.08.2023, this Court had directed the Joint Director of Higher Education, Nagpur Division/respondent No.3, to decide the claim of the petitioner for fixation of the pay scale, considering the fact that the petitioner had acquired M.Lib. (Master of Library Science) qualification on 26.08.1993 within a period of three weeks.
3.
Pursuant to the said order, the respondent No.3 has passed an order dated 07.12.2023. The copy of the said order is placed on record. Learned
3 / 3 28.wp924.2022 counsel for the petitioner states that the grievance of the petitioner stands redressed in view of the said order.
4.
The respondent No.3 shall approve the pay fixation of the petitioner and to release the arrears in compliance of order dated 07.12.2023 within a period four months from the date of the order.
5.
The petition stands disposed of accordingly.
JUDGE JUDGE