Yeegram S/O Sahebrao Karale And Others v. Smt. Nayana Arjun Gunde Chief Executive Officer Z. P. Wardha And Another

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Contempt Petition No.246/2016 in WRIT PETITION NO. 3982/2014 (Yeegram s/o Sahebrao Karale and others vs.smt. Nayana Arjun Gunde and another ) .......................................................................................................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. P.S. Kshirsagar, Adv. for petitioners Mr. P.D.Meghe, Adv. for respondents 1 and 2 CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATED : 19th January, 2018.

Heard.

2.

The Division Bench, while disposing of Writ Petition No. 3982/2014 on 22.1.2016 in paragraph 2, has taken note of earlier judgment where teachers were found surplus and therefore protected. Applying that judgment in paragraph 3, a direction has been given to respondents and the Court observed that respondents are bound to protect salaries as are given to petitioners in the scale of graduate teachers. 3.

In present matter, we find that the petitioners were not declared surplus and even they were not getting salaries as graduate teachers.

4.

In this situation, we find substance in contention of Adv. Meghe, that there is no contempt. The direction in paragraph 3, at the most, is to protect "existing salaries" received by petitioners.

If salaries of petitioners were never increased, technically we cannot find any contempt.

5.

Hence, with liberty to petitioners to take such other steps as are open to them in law, we dispose of present contempt. No costs.

JUDGE JUDGE sahare