Shri. Ravindra S/O. Sukhnath Kokate, And Others v. State Of Maha. Through Its Secretary, School Education And Sports Dept., Mumbai, And Others

Order 1403wp5656.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5656/2015.

Shri Ravindra Sukhnath Kokate and others.

-VERSUSState of Maharashtra and others.

WRIT PETITION NO. 6163/2015.

Nandkushore Devlal Raut and others.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : MARCH 14, 2016.

Heard Shri A.R. Deshpande, learned Counsel for the petitioners and Shri D.M. Kale, learned A.G.P. for respondents.

2.

We find that effort is to have a new pay structure under the guise of stagnation or time bound promotion scheme. It is not in dispute that the next higher post above Laboratory Attendant is of Laboratory Assistant and pay scale prescribed for that post is made applicable to the petitioners, however, they are seeking a still higher pay scale.

3.

It is further contended that even laboratory assistants are not satisfied, and they are demanding

Order 1403wp5656.15 next higher pay scale. The issue in question needs to be considered in the background of Schedule-B of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

4.

If the petitioners are not satisfied with the existing service conditions they have to seek modification in Schedule-B and for that purpose they will have to take appropriate steps. It appears that the petitioners have already made some representation in the matter. This Court has still not issued notice and learned A.G.P. does not have any instructions in the matter.

5.

In this situation without observing anything on the merits of the controversy, we grant leave to the petitioners to make appropriate representation. If such representation is made within a period of 8 weeks from today, the respondent no.1 State Government shall consider the same in accordance with law, within next four months. 6.

With this direction we dispose of the Writ Petitions. No costs.

JUDGE JUDGE Rgd.