Mrs. Leela W/O Jaikishan Jaikalyani And 5 Others v. State Of Maharashtra, Through Its Secretary, Deparment Of School Education, Mumbai And 3 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3739 OF 2014 [Mrs. Leela w/o Jaikishan Jaikalyani and others .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, counsel for the petitioners, Mrs. K.S. Joshi, AGP for the respondents.

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CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATED : APRIL 07, 2015.

Heard.

By this petition, the petitioners seek a direction to the respondents to process the claim of the petitioners for pay fixation as per the judgment dated 28.4.2011 in Writ Petition No.177/2011. It is stated on behalf of the petitioners that the issue involved in this case stands answered in favour of the petitioners by the judgment dated 28.4.2011 in a bunch of the writ petitions bearing Writ Petition No.177/2011 and others. It is stated that by allowing those petitions, this Court had directed the revision of pay-scale of the petitioners therein in accordance with the Rules of 1988 with consequential benefits.

Till the previous date of hearing, a submission was made on behalf of the State Government by the learned Assistant Government Pleader that though the Special Leave Petition filed against the aforesaid judgment of this Court was dismissed, a Review Petition is pending before the Hon'ble Supreme Court and hence this Court had adjourned the matter. It is, however, pointed out by the learned counsel for the petitioners that the Review Petition is also dismissed on 26th February, 2015 and it would not be necessary for the State Government to immediately revise the pay-scale of the petitioners

2 wp3739.14.odt and pay the arrears.

For the reasons recorded in the judgment dated 28.4.2011 in Writ Petition No.177/2011 and others, we allow this writ petition. The respondents are directed to grant revised pay-scale to the petitioners in accordance with the Rules of 1988 with consequential benefits from the date of acquiring B.Lib qualification. The said revision and payment of arrears should be given to the petitioners, as early as possible, and positively within a period of six months. Order accordingly. No costs.

JUDGE JUDGE Gulande