Bhushan Bhaskar Gadgil v. State Of Maharshtra Thr Its Secretary Dept. Of Agriculture And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 766 OF 2024 Bhushan Bhaskar Gadgil

...Petitioner

Versus

The State Of Maharashtra & Ors.

...Respondents

Mr. Vijay Vaidya a/w Mr. Mahendra Agvekar, Ms. Shraddha Chavan, Advocate for the Petitioner.

Ms. Ashwini Purav, AGP for Respondent Nos.1 & 2/State. Mr. Avinash Jalisatgi a/w Adv. T.R. Yadav, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE :- 15th OCTOBER, 2024 PER COURT :- 1.

On 8th October, 2024, we had passed the following order : "1. The only issue involved is that, though the Petitioner has a right to the difference in the pay scale in terms of the applicable pay commission and in light of the judgment delivered by this Court dated dated 04.04.2022, in Writ Petition No.2582 of 2020 (Yogesh Bhimrao Jadhav and Ors. V/s. State of Maharashtra and Ors.), the present Petitioner is yet to receive the said benefit. He retired from services on voluntary retirement on 31.07.2020.

by SUNNY ANKUSHRAO THOTE Date:

2024.10.18 10:27:28 +0530 SUNNY ANKUSHRAO THOTE 2.

In view of the above, we direct the State Government in collaboration with Respondent No.3, to make a

statement on the next date as regards the duration within which the payment of these arrears would be made to the Petitioner.

3.

List this Petition on 15.10.2024, for dictating orders."

2.

The learned AGP submits, on instructions, that two weeks time will be required to decide as to when the Petitioner can be paid the difference in the pay scale in terms of the pay commissions. 3.

In catena of judgments, the issue as regards payment of difference of wages in terms of the 6th pay and 7th pay commissions, was dealt with and this Court has directed such payments within certain time lines. Once the pay commission recommendations are become applicable, it is a matter of calculations and the payments have to be made.

4.

Considering the above submission of the learned AGP, that we direct Respondent Nos.1, 3 and 4 to follow the due procedure for quantifying the difference to be paid to the Petitioner and such difference of amount shall be paid within a period of 120 days from today.

5.

Needless to say, the last drawn wages will be recalculated on the basis of this order and the difference in the retiral benefits as well as pensionary benefits, so also the revised pension, would be payable to the Petitioner. This exercise would also be completed within a period of 120 days.

6.

With the above directions, this Writ Petition is disposed off.

(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)