Rajendra Shivajirao Kadam v. The President, Jai Bhavani Education Society And ORS.

skc 905-CAW-3167-15-ORS FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3169 OF 2015 IN WRIT PETITION NO. 7091 OF 2005 WITH CIVIL APPLICATION NO. 3170 OF 2015 IN WRIT PETITION NO. 7092 OF 2005 WITH CIVIL APPLICATION NO. 3171 OF 2015 IN WRIT PETITION NO. 7093 OF 2005 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Gautam Bhagat i/b. Divekar Bhagwat & Co. for Applicants.

Mr. Nikhil Chavan i/b. Mr. Vijay Patil for Respondent Nos. 1 and 2.

Ms Vaishali Nimbalkar - AGP for State.

CORAM : M. S. SONAK, J.

DATE : 17 MARCH 2016 P.C. : [In Chamber] 1] The order dated 13 March 2015, as modified on 23 March 2015 is quite clear, in the sense, that the respondents were directed to pay to the petitioners arrears of back-wages for a period of two years as per the scale prevalent between June 2000 and June 2006 within a period of eight weeks. However, It was made clear that the period between June 2000 and June 2006 shall be taken into consideration notionally for the purpose of fixing the 1/2

skc 905-CAW-3167-15-ORS payment of retirement benefits. This obviously means that the pay fixation, in pursuance of acceptance of recommendations of the various pay commissions, as well as notional increments, had obviously to be taken into consideration. Only, there was no requirement of actual payment, in as much as the same had to be considered notionally for the purposes of fixing the payment of retirement benefits.

2] The order dated 13 March 2015 in writ petition no. 7093 of 2005 as well as the orders of the same date in the connected petitions stand clarified accordingly. 3] The civil applications are disposed of in the aforesaid terms.

(M. S. SONAK, J.) Chandka 2/2