Janardhan Natthuji Dande And 12 ORS. v. State Of Mah. And Others.

wp3936-01.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITON No.3936 OF 2001 Janardan s/o Natthuji Dande and 12 others.

-Vrs.- The State of Mah. Through Secretary, Urban Development and Public Health Department, Mantralaya, Mumbai 32 and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Rao, AGP for respondents.

CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 23 rd SEPTEMBER, 2015 Counsel for the petitioners is absent. The prayer clause (i) of the petition reads thus - (i) direct the respondents to grant the benefits of Vth Pay Commission to the petitioners along with all arrears thereof forthwith by way of issuing writ of mandamus or any other writ, order or direction.

Looking to the fact that the 7th Pay Commission is fast approaching and the petitioners had already retired from service when the petition was filed, we do not think that they had any cause of action for filing the writ petition for claiming salary in the 5th Pay Commission and at any rate the petition was filed too late i.e. almost after 7 years of their retirement from service for claiming salary in the 5th Pay Commission. The petition is, therefore, rejected.

JUDGE JUDGE Hirekhan