The Association Of The ... vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 6212 Bom

                                           902 cp61-21.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE SIDE JURISDICTION

               CONTEMPT PETITION NO.61 OF 2021


The Association of the Subordinate
Service Of Engineers Maharashtra
State and Ors.                           ... Petitioners

         Vs.

The State of Maharashtra and Ors.        ..... Respondents



Mr.Yashodeep Deshmukh i/b Ms.Vaidehi P. Deshmukh for
the Petitioners

Mrs.S.S.Bhende, A.G.P. for the State



                         CORAM:     K.K.TATED &
                                    RIYAZ I. CHAGLA, JJ.

                         DATED :    APRIL 07, 2021
P.C.

.        Heard.

2. The learned counsel for the Petitioners submits that as the Respondents failed and neglected to comply the judgment dated 06.02.2019 passed by this Court in Writ Petition No.2605 of 2017, they fled the present Contempt Petition.

3. The learned counsel for the Petitioners submits that the Respondents were supposed to comply the said order as

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per paragraph 42 and 44 within three months from the date of the order. The said paragraph 42 and 44 reads thus:

"42. In this view of the matter, the denial of the 'second beneftt under the MACP Scheme, with reference to an exercise of cadre restructuring and the revision in pay scale, in the year 1984, appears to be legally sustainable. We are, thus, inclined to answer the aforesaid question in the 'negativet. We hold and declare that the upgradation under GR dated 16th April, 1984 does not constitute grant of non-functional pay-scale and cannot be treated as the 'frst beneftt within the meaning of Clause 2(b)(3) of the GR dated 1st April, 2010. We are, thus, inclined to allow the petition.

44. If any amount is recovered from the salary of the Petitioners in pursuance of the Circular dated 13th June, 2016, the same be refunded to the Petitioners within a period of three months from today."

4. The learned A.G.P. for the Respondents submits that she requires some time to fle reply. In view of these facts, the following order is passed:

a. Respondents to fle their reply on or before 29.04.2021 with copy to other side.

b. Matter to appear on board on 05.05.2021.

(RIYAZ I. CHAGLA, J.)                 (K.K.TATED, J.)


Mohite                                                              2/2