Navshakti Education Society Through Its President And Others v. State Of Maharasthra Through Its Secretary Social Justice, Special Relief Department, And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (W) No. 2244 of 2017 in Writ Petition No. 2039 of 2014 (Navshakti & Ors. Vs. State and Ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K.V. Deshmukh, Counsel for the petitioners. CORAM : B. P. DHARMADHIKARI AND MRS. SWAPANA JOSHI, JJ DATED : October 31, 2017 Heard.

2.

Petitioners are Educational Institutes, which are running Ashram school for VJ / NT and claim grants as per the GR dated 08/10/1991 and nourishment grants as per the policy decision dated 27/05/2008 linking it with the consumer price index. Application is taken out for grant of early hearing as non-salary grants are being paid in proportionate to the wages payable under the 4th wage revision while wages are actually being paid as per 6th wages commission report. Similarly, it is pointed out that since 2011 nourishment grants has not been hiked proportionate to the increased consumer price index (CPI).

3.

Learned AGP has relied on the reply - affidavit. Perusal of reply affidavit shows that the policy decisions mentioned (supra) are not in dispute.

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In this situation, it appears that claim made by the petitioners has been admitted.

5.

We, therefore, direct the respondents to revise the non-salary grants in proportionate to 5th wage and 6th wage revision and to release the amount of difference at the earliest and in any case within next six months. Similarly, the nourishment grants shall also be linked with the CPI and revised upwards proportionately as per the revisions therein from time to time. The arrears payable on account of increased nourishment grants shall also be worked out within a period of 6 months and then released to the petitioners after verifying the necessary facts.

6.

Accordingly, we make the rule absolute.

7.

Civil Application and Writ Petition are disposed of. No costs.

JUDGE JUDGE MP Deshpande