Vikas S/O Khanderao Keng vs The State Of Maharashtra, Thr. Its ...
2021 Latest Caselaw 10039 Bom

         Digitally
                      Priya Soparkar                           1               14 cpst 5140-21-c
         signed by
         PRIYA
PRIYA    RAJESH
         SOPARKAR
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH
SOPARKAR Date:                          CIVIL APPELLATE JURISDICTION
         2021.07.31
         10:05:43
         +0530
                                    CONTEMPT PETITION (ST.) NO.5140          OF 2021

                      Vikas Khanderao Keng and ors.          ... Petitioners
                            V/s.
                      State of Maharashtra and ors.          ...Contemnors/Respondents
                                                   ---
                      Mr.K.N.Shermale, Advocate for the Petitioners.
                      Ms.A.A.Purav, AGP for Respondent No.1/State.
                      Mr.Nitesh Bhutekar, Advocate for Respondent Nos.2 to 5.
                                                  ---
                                        CORAM : UJJAL BHUYAN &
                                                  MADHAV J. JAMDAR, JJ.

DATE : JULY 30, 2021.

P.C.:-

Heard Mr.Shermale, learned counsel for the petitioners; and Mr.Nitesh Bhutekar, learned counsel for respondent Nos.2 to 5.

2. On 27th July, 2021, we had passed the following order :-

"2. Learned counsel for the petitioners submits that payscales offered by respondent Nos.2 and 3 to the petitioners in the new posts are lower than the payscales availed of by them in the earlier posts which is in the violation of para 20 of the judgment and order of this Court dated 16.07.2020 passed in Writ Petition No.9762 of 2019 and other connected writ petitions as upheld by the Supreme Court. Learned counsel for the petitioners further submits that full backwages have not been paid to the petitioners.

3. Learned counsel for respondent Nos.2 and 3 shall apprise the Court on the next date about the payscales of the earlier posts of the petitioners and payscales of the new posts offered to the petitioners; and also about the backwages.

4. Stand over to 30.07.2021."

Priya Soparkar 2 14 cpst 5140-21-c

3. Today, Mr.Bhutekar has placed before us a chart wherefrom he submits that new pay-scales of the petitioner are more or less equivalent to the pay-scales drawn by them in their earlier posts.

Regarding backwages, he has drawn our attention to paragraph No.8 of the reply affidavit wherefrom he submits that petitioner Nos.1,7,8 and 10 were found to be not eligible to receive backwages as they were in gainful employment which is in conformity with the order of the Supreme Court. However, Mr. Shermale disputes the above.

4. In view thereof, Mr.Shermale may file rejoinder affidavit on both the above aspects.

5. Mr.Bhutekar, learned counsel for respondent Nos.2 to 5 shall furnish the statements of the petitioners recorded by the said respondents on the basis of which the backwages has been withheld, to enable the petitioners to file the rejoinder affidavit in an effective manner.

6. Stand over to 27th August, 2021.

(MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) ....