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Bombay High CourtMCA/378/2017admittedallwdgrantedrule absolute

Subhash Manikrao Hutke v. Krushak Education Society, Thr. Its. Secretray, Pradip N. Kale Wardha And Others

2018-08-03Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

Order 0308mca378.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 378/2017 IN WRIT PETITION No. 1012/2000.

Subhash Manikrao Hulke, Wardha.

-VERSUSKrushak Education Society and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

______________________________________________________________________________ CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : AUGUST 03, 2018.

Heard Shri R.V. Shiralkar, learned Counsel for the applicant and Shri S.M. Ghodeswar, learned A.G.P. for non-applicant nos. 3 and 4.

2.

We are satisfied that the issues arising out of fixation and assured carrier progression are finally decided by this Court on 13th - 14th February, 2017. 3.

Grievance of applicant is, it may lead to recovery from him.

4.

Though learned A.G.P. is strongly opposing

Order 0308mca378.17 (2) intervention in review jurisdiction, considering the fact that the review applicant is a senior citizen, in advanced age, we clarify that the petition was filed by him and in that he pointed out injustice. There was no effort made by non-applicants/respondents at any point of time to urge that because of wrong fixation, petitioner has received anything more.

5.

It is after hearing both the sides, that this Court has noticed the relevant facts and then found him entitled to fitment in Senior Scale of Rs. 30005000 from 01.01.1994 and Selection Scale of Rs. 37005700 from 01.01.2002. 6.

We, therefore, to avoid any confusion or apprehension, clarify that on the basis of said judgment no recovery shall be made from the applicant and no steps to his prejudice shall be taken.

7.

Misc. Civil Application is accordingly partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd