Ghousiya Salim Shaikh v. The State Of Maharashtra Thr Its Secretary And ORS

923-IA-13051-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13051 OF 2024 IN WRIT PETITION NO.7363 OF 2022 Ghousiya Salim Shaikh .. Applicant Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Hanif Shaikh, for the Applicant.

Mr. Rahul S. Kadam, for Respondent No.3.

Mr. Kedar Dighe, Addl. G.P. a/w Mr. S.R. Crasto, AGP for the Respondent Nos.1 and 2-State.

CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ.

DATE : 31st JULY 2025.

P.C. :

Interim Application No.13051 of 2024 The petitioner is seeking modification/review of the judgment pronounced on 11th August 2023 passed in Writ Petition No.7363 of 2022. The petitioner who was appointed as teacher on temporary vacancy in the Anjuman High School and Junior College, Junnar has filed this application vide Interim Application No.13051 of 2024.

2.

This application has been opposed by Mr. Kadam, the learned counsel appearing for the respondent no.3-Management on the ground that by way of filing an interim application, the petitioner cannot seek a direction to the Management to pay enhanced salary at the rate of Rs. 17, 500/- per month.

3.

Before the writ Court, the petitioner came with a grievance that the respondent-Zilla Parishad has withheld his remunerations for the period 1/2 Kartikeya Goti

923-IA-13051-2024.doc between 17th June 2013 to 11th February 2016. The writ Court found that a letter seeking approval for appointment of the petitioner on a temporary vacancy was forwarded way back in September 2014. In that view of the matter, the writ Court directed the respondent-Department to disburse salary of the petitioner at the rate of Rs.8,000/- per month within a period of four weeks. The petitioner not satisfied with the aforesaid order filed an application seeking modification of the judgment dated 11th August 2023 which came to be disposed of by an order dated 18th December 2023 granting liberty to the petitioner to seek modification or review of the said order.

3.

In the aforesaid background, the petitioner has claimed payment of salary at the rate of Rs. 17,500/- per month with reference to the letters dated 24th November 2021 and 14th June 2023.

4.

In the first place, this needs to be indicated that any impugned application cannot be made with a prayer beyond the reliefs sought in the original writ petition. As we have noticed, the grievance of the petitioner before the writ Court pertained to the payment of remuneration for the period between 17th June 2013 to 11th February 2016. There is not even an indication as to any claim made by the petitioner seeking payment of remuneration at the rate of Rs. 17,500/- per month. 5.

In view thereof, Interim Application No.13051 of 2024 is dismissed. [ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 2/2 Kartikeya Goti