Dr. (Mrs.) Priya Dinesh Wanjari v. Shri. Saurabh Vijay, The Secretary, Higher And Technical Education Department And Others

12-CP-277-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.277 OF 2019 IN WRIT PETITION NO.4692 OF 2019 Dr (Mrs) Priya Dinesh Wanjari, Shriram Nagar, Pavan Bhoomi Road, Nagpur -vsSaurabh Vijay, Secretary, Higher and Technical Education Department, State of Maharashtra, Mantralaya, Mumbai-32 and ors.

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Shri B. G. Kulkarni, Advocate for petitioner. Shri S. B. Bissa, Assistant Government Pleader for respondents. CORAM : A. S. CHANDURKAR AND N. B. SURYAWANSHI, JJ. DATE : September 28, 2020 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

The grievance of the petitioner in this contempt petition is with regard to non-compliance of the directions issued in Writ Petition No.4692/2016.

By judgment dated 18/01/2019 the respondents were directed to give benefit of active service to the petitioner in the Grade of Associate Professor as per the decision taken by the University Grants Commission. The respondent-State had sought review of the aforesaid order and the review application was decided on 21/02/2020. Directions were modified to the extent of arrears of salary and it was held that the petitioner would be entitled to be paid salary in the Grade of Associate

12-CP-277-19 2/2 Professor from 01/02/2020 and that she would not be entitled to receive any arrears of salary.

After notice was issued in the contempt petition pursis has been filed on behalf of the respondents along with a communication issued by the Joint Director of Higher Education, Nagpur Division, Nagpur on 11/09/2020. It has been stated that the salary for the period from 01/02/2020 to 30/08/2020 shall be paid after the budget provisions are sanctioned by the Director of Education. However, regular salary would be paid from September 2020 onwards. We accept the statements made in the pursis by the respondents and grant time till the end of December 2020 to pay arrears of salary to the petitioner from February 2020 to August 2020.

In the light of aforesaid, the contempt petition is disposed of.

JUDGE JUDGE Asmita